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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EERA requires an additional consideration unique to the statutes under PERB’s jurisdiction. Because EERA exists alongside the Education Code, the former must give way to the latter when there is a specific conflict between the statutes. However, the Education Code’s supersession over EERA is not absolute. EERA’s scope of representation is not strictly limited to its enumerated terms, and parties may bargain over matters that are regulated by the Education Code provided that its provisions would not be “replaced, set aside or annulled by the language of the proposed contract clause.” (San Mateo City School Dist. v. Public Employment Relations Bd. (1983) 33 Cal.3d 850, 864.) Indeed, parties can negotiate over subjects regulated by the Education Code provided a proposal “would not supersede the relevant part of the Education Code, but would strengthen it.” (Id. at p. 866.) Thus, “[u]nless the statutory language [of the Education Code] clearly evidences an intent to set an inflexible standard or insure immutable provisions, the negotiability of a proposal should not be precluded.” (Id. at pp. 864-865.) (pp. 20-21, 27.)