Decision 0414E – Modesto City Schools and High School District
Decision Date: October 12, 1984
Decision Type: PERB Decision
Perc Vol: 8
Perc Index: 15188
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.
602.06000 – 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.