PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession

Single Topic for Decision 0375E

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To the extent Association's hold harmless proposal would extend employer's liability beyond that which is contemplated by Government Code section 825, it is nonnegotiable; p. 35. Supersession discussed in connection with Education Code sections 44015, 45118, 45103, 45105, 45101, 45308, 45308.21, 45117, 45113. 44015; Education Code section relating to awards is not inconsistent with participation of employee organization in formulation of rules and regulations pertaining to the awards; p. 32. 45118; To extent proposal binding successor entity is consistent with this section, it is negotiable; p. 37. 45103; Proposals concerning short-term and substitute employees not negotiable as they do not concern positions over which exclusive representative has authority to bargain; p. 39, 42. 45105; Bargaining proposal regarding restricted employees which did representative has authority to bargain; p. 39, 42. 45105; Bargaining proposal regarding restricted employees which did they were negotiable; p. 51, 57. 45308; Section establishes an inflexible standard which precludes parties from negotiating definition of statutory terms "lack of work" and "lack of funds." To extent proposal attempted to establish such definitions through negotiating process, it was nonnegotiable; p. 54. Proposal to establish method of determining order of layoff of employees with equal class seniority not superceded by this section; p. 61. Proposal regarding reassignments and increases in hours after voluntary demotion negotiable; p. 64. 45308.21; Section does not supercede Association's right to negotiate order of layoffs; p. 59. 45117; Section establishes minimum notice to be accorded classified employees subject to layoff; p. 55. 45113; Section does not preclude negotiation on issue of binding employees subject to layoff; p. 55. 45113; Section does not preclude negotiation on issue of binding