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 – Contract Repudiation or Breach

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)
602.06000 – Change in Past Practice

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.