Decision 2396M – City of Livermore
SF-CE-1051-M
Decision Date: October 22, 2014
Decision Type: PERB Decision
Description: The complaint alleged that respondent violated the MMBA when it unilaterally implemented a change in policy, eliminating paid meal periods for employees in certain bargaining unit classifications.
Disposition: The ALJ concluded that the respondent violated its duty to bargain in good faith.
The Board affirmed the proposed decision and adopted it as the decision of the Board itself as supplemented by a discussion of the respondent’s exceptions.
Perc Vol: 39
Perc Index: 59
Decision Headnotes
1101.01000 – In General
The statute of limitations for a charge of unlawful unilateral action runs from the date the charging party has actual or constructive notice of the employer’s clear intent to unilaterally implement a change in policy, provided that nothing subsequent to that date evinces a wavering of that intent; by expressing a willingness to consider the union’s response to the change in policy in the paid meal break policy, making changes to the policy in response to the union’s input and retracting the implementation date, the employer wavered in its intent to implement the change in policy; the statute of limitations did not begin to run until the employer announced it was no longer amenable to negotiations.
1109.02000 – Statute of Limitations
The statute of limitations for a charge of unlawful unilateral action runs from the date the charging party has actual or constructive notice of the employer’s clear intent to unilaterally implement a change in policy, provided that nothing subsequent to that date evinces a wavering of that intent; by expressing a willingness to consider the union’s response to the change in policy in the paid meal break policy, making changes to the policy in response to the union’s input and retracting the implementation date, the employer wavered in its intent to implement the change in policy; the statute of limitations did not begin to run until the employer announced it was no longer amenable to negotiations.