Fowler

Statement of the Case

On May 14, 1981, Superior Court Judge Richard C. Kirkpatrick issued a judgment and a peremptory writ of mandate commanding the State Personnel Board (hereinafter the appellant or the board) to set aside its decision dated May 27, 1980, denying compensation to respondent, a traffic officer with the California Highway Patrol (hereinafter CHP) for the one-half hour lunch period of each working shift.

Respondent had filed a grievance with the CHP concerning compensation for lunch hours. He contended he worked during his half-hour lunch period each working day because he was (1) required to wear a distinctive uniform, (2) prevented from doing personal business outside a specified assigned geographical location, (3) required to be on call, and (4) being a bachelor, he took his lunch periods in restaurants and he was constantly interrupted by the public seeking information or assistance.

Respondent’s appeal to the board from the CHP’s denial of his grievance was denied with the comment that the issue and supporting authorities raised in respondent’s current grievance were the same as those raised and considered by the board in August of 1978. Respondent…