Decision 1452E – Lodi Unified School District
Decision Date: June 28, 2001
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge. The charge alleged that the employer violated the EERA by unilaterally modifying the pay rate for its food service workers.
Disposition: Dismissed. The Board found sufficient evidence that the employer had the authority to pay its substitute food service workers the rate found in a certain document, rather than a higher rate paid for many years.
Perc Vol: 25
Perc Index: 32096
602.06000 – Change in Past Practice
The fact that the District, due to an administrative error, mistakenly failed to enforce its right to pay off-track substituting food service workers a lower wage for approximately nine years does not subsequently preclude it from doing so in the present; proposed decision, p. 19.