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 2819E

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Under the Anaheim/San Mateo standard, a public school employer and exclusive representative have latitude to bargain over subjects expressly covered by the Education Code provided that contract terms do not replace, set aside, or annul Education Code provisions. For instance, parties may incorporate into a CBA mandatory Education Code provisions or additional employee protections beyond those afforded in the Education Code. (See San Francisco Unified School District (2009) PERB Decision No. 2040, p. 5, fn. 4.) Similarly, where the Education Code merely provides a governing board with discretion to determine employment terms or conditions, without specifying the terms that shall apply, the general grant of authority does not extinguish the employer’s bargaining duty. (Los Angeles Unified School District (2017) PERB Decision No. 2518, pp. 34-35 & adopting proposed decision at pp. 23-25.) (pp. 22-23.)