Decision 1963E – Los Angeles Unified School District
LA-CE-5127-E
Decision Date: June 18, 2008
Decision Type: PERB Decision
Perc Vol: 32
Perc Index: 103
Decision Headnotes
102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
PERB does not have jurisdiction to enforce provisions of the Education Code, but it may interpret the Education Code as necessary to carry out its duty to administer EERA.
102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB may not issue a complaint on any charge that would not also constitute an unfair practice. Thus, an alleged violation of a collective bargaining agreement cannot be remedied by PERB unless it also violates EERA.
501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case
501.01000 – In General; Elements of Prima Facie Case
Payroll errors due to implementation of new payroll system, without more, do not state a prima facie claim of retaliation.