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 1993E
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101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
Education Code sections 44948.5 and 44949, which provide for an administrative hearing to determine whether a school district employer had cause to nonrenew a certificated employee, do not supersede EERA because there is no conflict between the two statutes. PERB’s inquiry in a discrimination/retaliation case is not whether the employer had cause to take adverse action against the employee, but whether the employer took the adverse action because of the employee’s engagement in protected activity. In other words, the question is not whether the employer had a lawful reason for the adverse action but whether it took the adverse action for an unlawful reason.