Decision 0409E – Fresno County Board of Education & Supt of Schools (Nolt)

S-CE-462, 470

Decision Date: September 17, 1984

Decision Type: PERB Decision

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Perc Vol: 8
Perc Index: 15173

Decision Headnotes

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

Exclusive representative ceded to employer the right to reduce lunch period by agreeing to contract provision that teachers were entitled to reduce lunch period by agreeing to contract provision that teachers were entitled to "one duty-free lunch break of at least 30 minutes each day." By this language, the exclusive representative granted employer the right to enforce a 30-minute lunch period if it so chose. It is of no significance that employer did not put reduction into effect for 18 months. Relies on Marysville JtUSD, PERB Dec. No. 314.