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

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Perc Vol: 20
Perc Index: 27082

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – 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.

602.00000 – 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

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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.

1000.00000 – SCOPE OF REPRESENTATION
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.