Decision 1452E – Lodi Unified School District

SA-CE-1873-E

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.

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Perc Vol: 25
Perc Index: 32096

Decision Headnotes

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

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.