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Decision 0883E – Lodi Unified School District

S-CE-1373

Decision Date: May 30, 1991

Decision Type: PERB Decision

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Perc Vol: 15
Perc Index: 22095

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Change in or Deviation from Written Agreement or Policy

Board affirmed dismissal of unilateral change allegation on the ground that employer action in accord with parties' agreements and current practice.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.05000 – New Policy or Application or Enforcement of Existing Policy in New Way

Board affirmed dismissal of unilateral change allegation on the ground that employer action in accord with parties' agreements and current practice.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.05000 – Past Practice; Maintenance of Status Quo

Board affirmed dismissal of unilateral change allegation on the ground that employer action in accord with parties' agreements and current practice.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

Failure to state a prima facie case of unilateral change where district conduct in accord with parties' agreements and current practice.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

Board affirms dismissal of unilateral change allegation, where district conduct in accord with parties agreement and current practice. Where Board agent did not decide the merits of a factual dispute, but merely interpreted unambiguous contract language, Board agent was not in excess of his authority under Eastside Union School District (1984) PERB Decision No. 466.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.08000 – Pleading Requirements

Where Board agent did not decide the merits of a factual dispute, but merely interpreted unambiguous contract language, Board agent was not in excess of his authority under Eastside Union School District (1984) PERB Decision No. 466.