SCOPE OF REPRESENTATION – Educational Policies

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1000.02039 – Educational Policies

The “scope of representation,” i.e. the group of mandatory bargaining topics under EERA, is “limited to matters relating to wages, hours of employment, and other terms and conditions of employment.” (EERA, § 3543.2, subd. (a)(1).) The same provision explicitly identifies class size as a term or condition of employment. (Ibid.) EERA also establishes a separate category of educational decisions—those regarding educational objectives, curriculum, course content, and textbook selection—over which an exclusive representative may “consult.” (EERA, § 3543.2, subd. (a)(3).) By including class size as a mandatory bargaining subject, and by providing the right to consult over educational objectives, the Legislature implemented EERA’s goal of providing certificated employees with “a voice in the formulation of educational policy.” (EERA, § 3540; Berkeley Unified School District (2015) PERB Decision No. 2411, p. 17.)