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 2040E


View all topics for Decision 2040E

Full Decision Text (click on the link to view): Full Text

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession

Classification of certificated employees is governed by mandatory provisions of the Education Code and thus is not within the scope of representation under EERA. School district’s failure to abide by agreement with employee organization to classify certain teachers as probationary employees did not constitute an unlawful unilateral change because the agreement did not concern a matter within the scope of representation.