Decision 1149S – State of California (Department of Corrections) (International Union of Operating Engineers)
S-CE-792-S
Decision Date: April 30, 1996
Decision Type: PERB Decision
Description: State unilaterally changed work schedules without negotiating.
Disposition: Dismissed for failure to state a prima facie case.
Perc Vol: 20
Perc Index: 27082
Decision Headnotes
602.01000 – In General
Where the change in practice is consistent with the parties' collective bargaining agreement the charge does not allege sufficient facts to establish a unilateral change; p. 5; p. 3, warning letter.
602.06000 – Change in Past Practice
Employer change in past practice from employees eating their meal while working to a half hour unpaid lunch break is not an unlawful unilateral change when the change is consistent with the parties' collective bargaining agreement; p. 4; p. 3, warning letter.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Employer change in past practice from employees eating their meal while working to a half hour unpaid lunch break is not an unlawful unilateral change when the change is consistent with the parties collective bargaining agreement; p. 4; p. 3, warning letter.
1000.02083 – Lunch Periods or Duties
Employer change in past practice from employees eating their meal while working to a half hour unpaid lunch break is not an unlawful unilateral change when the change is consistent with the parties' collective bargaining agreement; p. 4; p. 3, warning letter.