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 A384E
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101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
In Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District (1984) PERB Decision No. 375, PERB held that short-term employees have no representation rights under EERA because Education Code section 45103 excludes them from the classified service. Education Code section 45103 also excludes part-time playground positions from the classified service. When the Legislature granted classified status to employees in a part-time playground position who also hold another classified position in the same district, it maintained the exclusion for other part-time playground positions. EERA provides no guidance as to unit placement of employees who are neither certificated nor classified. For these reasons, noon-duty aides have no representation rights under EERA.