Decision 0414E – Modesto City Schools and High School District

S-CE-485

Decision Date: October 12, 1984

Decision Type: PERB Decision

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Perc Vol: 8
Perc Index: 15188

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02083 – Lunch Periods or Duties

The length of the lunch period falls directly within the statutorily enumerated subject of hours of work. It is not necessary to analyze the length of the lunch period under the test of matters "related to" an enumerated subject.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.06000 – Change in Past Practice

Where the contract is silent regarding the length of the duty-free lunch period and negotiating history is vague, past practice may be used to determine whether there has been a change in policy. Absent evidence of contrary intent, practice throughout the bargaining unit is relevant in determining whether a unilateral change has occurred. Even though a consistent practice was shown at school where change in lunch period was contested, no unilateral change was found because of wide variation in lunch periods throughout the unit.