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)
602.06000 – 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.