All notes for Subtopic 101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2822E | Victor Valley Union High School District 101.02000: 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 To avoid acting in excess of its authority, PERB has an obligation to determine whether it has jurisdiction over a dispute, regardless of whether the parties themselves have raised the issue. The Legislature has granted and the courts have consistently upheld PERB’s primary and exclusive jurisdiction over alleged unfair practices. PERB rejected the argument that because the Education Code grants the Office of Administrative Hearings jurisdiction over teacher dismissal proceedings, including pre-hearing discovery, it deprives PERB of jurisdiction over the inquiry into whether the District’s questioning of a union president during a deposition interfered with EERA-protected rights. The allegations in the complaint that the District interfered with employee and union rights under EERA by extensively questioning the union president regarding protected communications with a bargaining unit member, other unit members, and a California Teachers Association staff member, are squarely within PERB’s jurisdiction. more or view all topics or full text. | 47 | 11 | 06/14/22 |
| 2819E | * * * JUDICIAL APPEAL PENDING * * * Cerritos Community College District 101.02000: 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 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.) more or view all topics or full text. | 46 | 168 | 05/06/22 |
| 2819E | * * * JUDICIAL APPEAL PENDING * * * Cerritos Community College District 101.02000: 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 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.) more or view all topics or full text. | 46 | 168 | 05/06/22 |
| 2760S | State of California (Correctional Health Care Services) 101.02000: 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 PERB and the State Personnel Board (SPB) “are not in competition with each other.” (Pacific Legal Foundation v. Brown (1981) 29 Cal.3d 168, 197.) Discriminatory personnel decisions violating the Dills Act “transgress the merit principle as well,” and “the Legislature evidently thought it important to assign the task of investigating potential violations of [the Dills Act] to an agency which possesses and can further develop specialized expertise in the labor relations field.” (Id. at p. 198.) Accordingly, when PERB finds that a civil service decision was based on discrimination violating the Dills Act, PERB’s findings are consistent with the merit principle, which requires that entitlement to civil service positions must turn on lawful criteria. (Id. at pp. 196-200.) more or view all topics or full text. | 45 | 91 | 04/12/21 |
| 2760S | State of California (Correctional Health Care Services) 101.02000: 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 Notwithstanding the State Personnel Board’s jurisdiction to enforce civil service laws, prescribe classifications, and review disciplinary actions against state civil service employees, PERB is authorized to provide a full remedy if such employees experience discrimination for engaging in activity the Dills Act protects. In Pacific Legal Foundation v. Brown (1981) 29 Cal.3d 168, 198, the California Supreme Court explained that PERB’s authority over unfair practices did not infringe on SPB’s jurisdiction to review disciplinary actions because SPB and PERB were created to serve “different, but not inconsistent, public purposes.” (Id. at p. 197.) If the State, in the course of making a personnel decision, discriminates against protected activity in violation of the Dills Act, it transgresses the merit principle as well. (Id. at p. 198.) Thus, the Court declined “to construe article VII, section 3, subdivision (a) [of the State Constitution] in a manner that would deprive all state civil service employees of the important safeguards afforded by [PERB and other] specialized agencies.” (Id. at p. 199.) In reaching this conclusion, the Court noted that when the Legislature enacted the Dills Act, it explicitly tailored the law so as not “to contravene the spirit or intent of the merit principle.” (Dills Act, § 3512.) The Court rejected the argument that granting PERB jurisdiction to “devise remedies for unfair practices” is “irreconcilably in conflict with [SPB’s] jurisdiction to ‘review disciplinary actions’ under [article VII of the State Constitution].” ((Id. at p. 196.) The Court advised that “in those areas in which the [agencies’] jurisdiction . . . overlap, familiar rules of construction” require “harmoniz[ing] the disparate procedures” rather than invalidating one or the other. (Id. at p. 197.) The Court found it would be an overreach to reserve only to SPB all authority to remedy unlawful actions against a civil service employee. (Id. at p. 199.) In State Personnel Bd. v. Fair Employment and Housing Com. (1985) 39 Cal.3d 422, the Court reaffirmed Pacific Legal Foundation and its holding that the Constitution allows the Legislature to create “specialized watchdog” agencies such as PERB and the Fair Employment and Housing Commission (FEHC) (id. at pp. 438-439), explaining that it is not difficult to harmonize the agencies’ powers because they serve complementary purposes (id. at p. 438). The Court reiterated that it believed the main source of overlap would be in cases involving discipline and that even in such cases SPB’s jurisdiction does not dislodge the Legislature from creating specialized agencies with complementary roles, such as PERB and FEHC. (Id. at p. 439.) more or view all topics or full text. | 45 | 91 | 04/12/21 |
| 2745M | County of Sacramento 101.02000: 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 Changes to job specifications, including training and certification requirements, are within the scope of representation unless the change is imposed by an outside agency or required to comply with an inflexible law or other immutable provision. (pp. 17-18.) Exception did not apply when State law set specific requirements for certain emergency personnel but did not discuss dispatchers at issue. (pp. 18-19.) Exception did not apply where a local agency, although granted authority to establish the policies and procedures at issue, was not an outside agency but a department of the same agency. (pp. 19-20.) more or view all topics or full text. | 45 | 39 | 09/18/20 |
| A452E | Fairfield Unified School District 101.02000: 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 The Board denied an appeal from an administrative determination which denied a severance petition that sought to sever speech-language pathologists from a school district’s other certificated employees, based on societal changes that have occurred in special education and speech-pathology. The community of interest among certificated employees is implicit in the statutory guidelines used for evaluating all certificated personnel, as set forth in the Stull Act, Education Code Article 5.5, sections 13485 through 13490, which are not used for evaluating classified personnel. (p. 4.) Additionally, the distinction between certificated and classified personnel in public education is not simply a standard imposed by PERB Regulations and decisional law, but a statutory distinction set forth in EERA and the Education Code, which, in the absence of legislative action, PERB is not authorized to ignore. (pp. 3-5.) more or view all topics or full text. | 42 | 34 | 08/16/17 |
| 2548E | Lake Elsinore Unified School District (Edwards) 101.02000: 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 Where Charging Party’s discrimination allegation turns on a matter of law outside PERB’s traditional expertise, i.e., whether the public school employer complied with state law and/or regulations governing certificated employee retirement credit, the appropriate question is not which of two competing interpretations of external law is the more plausible, but whether the language in dispute is reasonably susceptible to the charging party’s interpretation and whether that interpretation supports a viable, i.e., non-frivolous, legal theory of an unfair practice or other violation of a PERB-administered statute. Where the investigation of an unfair practice charge results in receipt of conflicting allegations of fact or contrary theories of law, fair proceedings, if not due process, demand that a complaint be issued and the matter be sent to formal hearing to test a novel theory or competing theories of law, so long as the theory advanced is “viable,” i.e. non-frivolous. The Board is necessarily cautious about rejecting allegations involving statutory, decisional, regulatory, or other authority outside PERB’s jurisdiction and special expertise in labor relations, particularly when the area of external law is itself unsettled. more or view all topics or full text. | 42 | 102 | 02/02/18 |
| 2548E | Lake Elsinore Unified School District (Edwards) 101.02000: 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 Although the charge relied extensively on the Education Code and other matters outside PERB’s jurisdiction, because it alleged that a public school district employer had denied charging party retirement or other employment benefits to which she was legally entitled because of her protected activity, the matter constitutes an unfair practice allegation within PERB’s legislatively designated field of expertise. (p. 12.) The Office of the General Counsel correctly determined that while PERB has no authority to enforce or order remedies for violations of the Education Code, the Board and its agents may interpret the provisions of the Education Code or other matters of external law where necessary to administer EERA or to harmonize it with external law. (pp. 11-12.) To avoid acting in excess of its authority, PERB has an obligation to determine whether it has jurisdiction over a dispute, regardless of whether the parties themselves have raised the issue. (p. 11.) more or view all topics or full text. | 42 | 102 | 02/02/18 |
| 2544E | Bellflower Unified School District 101.02000: 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 The Board rejected a school district’s exception that a Board-ordered remedy including restoration of the status quo and make-whole relief conflicted with federal law governing special education. The district’s statement of exceptions and supporting brief included no citation to any provision of the federal statute or decisional law interpreting it, and the district failed to explain how PERB’s customary remedy for a unilateral change would conflict with federal law. The district’s filing both failed to comply with the requirements of PERB Regulation 32300 governing exceptions, and, even if considered, had no merit. Unless a remedial measure positively conflicts with “inflexible standard[s]” or “immutable provisions” set by external law, the fact that it affects matters normally within the jurisdiction of another tribunal does not, by itself, make PERB’s remedy improper. (pp. 10-11.) more or view all topics or full text. | 42 | 70 | 12/15/17 |
| 2517C | Fresno County Superior Court * * * VACATED IN PART by Fresno County Superior Court (2019) PERB Decision No. 2517a-C 101.02000: 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 * * * VACATED IN PART ON OTHER GROUNDS by Fresno County Superior Court (2019) PERB Decision No. 2517a-C. * * *The Legislature directed that complaints alleging any violation of the Trial Court Act or of any local rules and regulations adopted by a trial court be investigated as an unfair practice charge and that PERB apply and interpret unfair labor practices consistent with existing judicial interpretations of the Meyers-Milias-Brown Act, where the language of the two statutes are the same or substantially similar. In light of this legislative delegation of authority, PERB concluded that its adjudication of unfair practice allegations under the Trial Court Act does not violate the constitutional separation of powers doctrine nor invade the province of Superior Court judges to control their courtrooms. (p. 9.) more or view all topics or full text. | 41 | 140 | 02/27/17 |
| 2518E | Los Angeles Unified School District 101.02000: 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 The requirements of the Stull Act (Education Code section 44660 et seq.) do not set an inflexible standard or insure immutable provisions so as to remove evaluation criteria from the scope of representation. more or view all topics or full text. | 41 | 146 | 03/06/17 |
| 2540M | City and County of San Francisco * * * VACATED IN PART by City and County of San Francisco (2019) PERB Decision No. 2540a-M 101.02000: 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 * * * VACATED IN PART ON OTHER GROUNDS by City & County of San Francisco (2019) PERB Decision No. 2540a-M. * * *The home rule doctrine reserves to charter cities the right to adopt and enforce ordinances, provided the subject of the regulation is a municipal affair rather than a subject of statewide concern. The process of collective bargaining and the rights of employees and their organizations secured by the Meyers-Milias-Brown Act (MMBA) and the uniform application of that statute are matters of statewide concern. Thus, the home rule doctrine does not permit a charter city to enact or enforce a local ordinance that conflicts or is inconsistent with the intent or purpose of the MMBA. more or view all topics or full text. | 42 | 50 | 10/20/17 |
| 2388Ma | City of Palo Alto 101.02000: 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 MMBA section 3509(e) denies PERB jurisdiction over “actions” to enforce an existing interest arbitration procedure, including questions regarding the extent or scope of the parties’ arbitration obligations. It does not divest the Board of jurisdiction to determine whether a public agency violated MMBA section 3507 by failing to consult in good faith before adopting rules and regulations concerning interest arbitration. The extent to which local regulation of employment matters as prescribed by the charter might be superseded by matters of statewide concern as set out in the MMBA is a matter properly decided in the first instance, by PERB. more or view all topics or full text. | 41 | 162 | 04/10/17 |
| 2536M | City and County of San Francisco 101.02000: 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 The right to strike secured by the MMBA is a matter of statewide concern and is not subject to prohibition under the constitutional home rule doctrine. more or view all topics or full text. | 42 | 14 | 06/30/17 |
| 2464M | City of San Diego * * * Affirmed, 5 Cal.5th 898 (2018). Remedy modified by City of San Diego (2019) PERB Decision No. 2464a-M * * * 101.02000: 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 Whether a mayor or other city officials and employees complied with other laws, regulations or policies does not determine the lawfulness of the City’s conduct under the MMBA. The constitutional right of a local electorate to legislate by initiative, like the home rule authority of a charter city, extends only to municipal affairs and, as such, it is preempted by general laws affecting matters of statewide concern such as the MMBA. In the absence of controlling appellate authority directing PERE that the meet-and-confer process is constitutionally infirm or preempted by the local initiative process, PERB will follow the MMBA and its case law requiring public employers to meet and confer with employee representatives before deciding to alter negotiable matters. more or view all topics or full text. | 40 | 108 | 12/29/15 |
| A437H | Regents of the University of California and Teamsters Clerical, Local 2010 (Polk) 101.02000: 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 PERB is a public entity which must make reasonable modifications in policies, practices, or procedures to accommodate individuals with disabilities, unless it can be demonstrated that making such modifications would result in undue financial and administrative burdens or would fundamentally alter the nature of the service, program, or activity offered. While charging party provided PERB’s Appeals Office with documentation of her medical impairments or conditions and restrictions, that documentation did not explain how granting a fifth extension of time (which extended beyond her return-to-work dates on previous medical releases) would enable her to complete the appeals process, given that the previous four extensions of time granted by PERB had not been sufficient to enable her to complete and file an appeal from dismissal of her unfair practice charges. For this reason, PERB was unable to assess the reasonableness of granting the charging party’s request for another extension of time and denied her appeal from the Appeals Assistant’s administrative determination. more or view all topics or full text. | 40 | 177 | 05/09/16 |
| 2427M | County of San Luis Obispo 101.02000: 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 The lawfulness of a refusal to discuss a particular proposal or subject turns on whether the subject is negotiable. There is no “good-faith doubt,” “mistake of law” or similar defense available when a party refuses outright to meet or negotiate, because it doubts the negotiability of a proposal. If the matter is within scope, then the refusal to discuss it is a per se violation of the duty to bargain and, unlike a surface bargaining allegation, no inquiry into the respondent's subjective motive is necessary. Because pension plan provisions relied on by the unions did not confer any right to “permanency” in employee pension benefits or contribution formulas, unions failed to show that employer’s proposed changes to employee pension contribution formulas affected “vested rights” outside the scope of negotiations. Because no vested rights were identified, the Board declined to consider whether, or under what circumstances, vested rights may be modified through collective bargaining. more or view all topics or full text. | 39 | 176 | 06/03/15 |
| 2423M | County of San Bernardino (Office of the Public Defender) 101.02000: 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 While the Board does not presume to rule on the scope of the Rules of Professional Conduct, the Business and Professions Code or other regulations concerning the practice of law, neither will the fact that attorneys have obligations under those rules defeat PERB’s jurisdiction to resolve alleged violations of the statutes which PERB administers, including the MMBA. Publically employed attorneys have rights under the MMBA. PERB’s assertion of jurisdiction does not interfere with the ability of the Supreme Court of California or the State Bar of California to regulate the practice of law under the State Bar Act (Bus. & Prof. Code, § 6000 et seq.), the Rules of Professional Conduct or the California Rules of Court, because resolution of this dispute does not regulate the practice of law. Under the constitutional doctrine of separation of powers, the courts have inherent and primary regulatory power over the practice of law. PERB has no power to regulate the practice of law. more or view all topics or full text. | 39 | 165 | 05/15/15 |
| 2378E | Centinela Valley Union High School District 101.02000: 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 Education Code section 44987 does not set an inflexible standard or insure immutable provisions which preclude negotiability over the subject. A unilateral repudiation of a collectively bargained release time provision or a change in past practice without affording the exclusive representative the opportunity to bargain is conduct that falls squarely within PERB’s jurisdiction. more or view all topics or full text. | 39 | 7 | 06/17/14 |
| 2381E | Monterey Peninsula Unified School District 101.02000: 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 Constitutional due process rights are beyond PERB’s remit to enforce. PERB only has jurisdiction to enforce the statutes it is charged with administering and has no jurisdiction to enforce constitutional protections. more or view all topics or full text. | 39 | 12 | 06/27/14 |
| 2300H | Regents of the University of California 101.02000: 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 San Diego Teachers Assn. v. Superior Court (1979) 24 Cal.3d 1 and El Rancho Unified School Dist. v. National Education Assn. (1983) 33 Cal.3d 946, 953, both established that PERB has exclusive initial jurisdiction to determine unfair practice charges and fashion a remedy, or not, where the conduct in question is arguably protected or prohibited by the statutes administered by PERB. Subsequent opinions from the courts of appeal amplified this doctrine, holding that if the alleged conduct at issue was either arguably protected or arguably prohibited under EERA, exclusive initial jurisdiction required the dispute to be brought to PERB in the first instance, regardless of how the case was pleaded, and even if there were constitutional issues to be decided. The Legislature intended that PERB exercise jurisdiction over matters that could be unfair practices or other violations of EERA, even if the claims also alleged constitutional violations. Where there is a reasonable probability that PERB’s adjudication of non-constitutional issues could obviate consideration of the constitutional challenges, PERB does have exclusive initial jurisdiction over the matter. Moreover, the parties are required to exhaust administrative remedies. If the administrative proceedings do not resolve the constitutional issues, the aggrieved party is not precluded from raising the constitutional issues in subsequent judicial proceeding. Even in cases where the underlying conduct unquestionably meets one or both prongs of the arguably-protected-or-prohibited test, courts relying on the local concern exception have refused to cede jurisdiction to the labor agency if the matter mainly touches upon matters within the traditional police powers of the state and in which adjudication by a superior court will not pose a substantial danger of interference with administrative adjudication by the labor board. Thus, the labor board will not have exclusive jurisdiction where mass picketing blocks ingress or egress; or where there was violence; or in cases of libel; or in cases of intentional infliction of emotional distress. Even though leafleting is a constitutionally protected activity, subject to reasonable time, place and manner restrictions, the question of unilateral change in the employer’s leafleting policy can be decided without resort to enforcing constitutional rights. As noted earlier, if the parties believe that our decision fails to resolve underlying constitutional issues, or that our decision intrudes on constitutional rights, they will be free to seek redress in the courts, having exhausted their administrative remedies. The right to picket peaceably and truthfully is one of organized labor’s lawful means of advertising its grievances to the public, and as such is guaranteed by the Constitution as an incident of freedom of speech. The same right is protected under EERA, as it is a collective activity both constitutionally protected and long recognized in foundational labor law to be intimately related to the ability of employees to engage in union activities, a right literally conferred by the text of EERA. No less protected is the right to leaflet. Both activities are undertaken to publicize the labor dispute to the public, to garner the public’s support for labor’s position, to demonstrate the strength and support for union demands, to build solidarity among fellow employees, etc. more or view all topics or full text. | 37 | 141 | 12/20/12 |
| 2153H | Regents of the University of California 101.02000: 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 HEERA is limited in scope, regulating only certain conduct by employers. HEERA does not address, and PERB has no jurisdiction over, allegations that a university breached an employment contract, defamed an employee’s character, or misrepresented an employee’s scholarly or academic efforts. more or view all topics or full text. | 35 | 21 | 12/30/10 |
| A384E | Castaic Union School District * * * OVERRULED by amendment to EERA section 3540.1, subdivision (e), Stats. 2011, Ch. 674, and Center Unified School District (2014) PERB Decision No. 2379 101.02000: 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 * * * OVERRULED by Stats. 2011, ch. 674 (A.B. 501), § 1, and Center Unified School District (2014) PERB Decision No. 2379, which provide that non-classified, non-certificated noon duty aides are included in EERA’s definition of “public school employee” even though the Education Code expressly excludes such employees from the definition of “classified service.” * * *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. more or view all topics or full text. | 34 | 120 | 08/09/10 |
| 2054E | Conejo Valley Unified School District 101.02000: 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 Education Code section 7054 supersedes access rights under EERA; therefore, a union may not use school district mail facilities to distribute newsletters containing political endorsements. more or view all topics or full text. | 33 | 136 | 07/27/09 |
| 2040E | San Francisco Unified School District 101.02000: 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 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. more or view all topics or full text. | 33 | 114 | 06/23/09 |
| 1993E | Baker Valley Unified School District 101.02000: 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 Education Code sections 44948.5 and 44949, which provide for an administrative hearing to determine whether a school district employer had cause to nonrenew a certificated employee, do not supersede EERA because there is no conflict between the two statutes. PERB’s inquiry in a discrimination/retaliation case is not whether the employer had cause to take adverse action against the employee, but whether the employer took the adverse action because of the employee’s engagement in protected activity. In other words, the question is not whether the employer had a lawful reason for the adverse action but whether it took the adverse action for an unlawful reason. more or view all topics or full text. | 33 | 23 | 12/19/08 |
| 1988M | City of Burbank 101.02000: 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 The discovery provisions of the California Arbitration Act (Code of Civil Procedure section 1280 et seq.) do not eliminate or limit a party’s entitlement to relevant information under MMBA section 3505. more or view all topics or full text. | 33 | 11 | 11/25/08 |
| 1772E | San Leandro Unified School District 101.02000: 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 Education Code section 7054 supersedes access rights under EERA; therefore, a union may not use school district mail facilities to distribute newsletters containing political endorsements. more or view all topics or full text. | 29 | 145 | 06/28/05 |
| 1704M | Golden Empire Transit District 101.02000: 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 The Public Records Act, Govt. Code sections 6250 et seq. does not apply to public employees under the MMBA more or view all topics or full text. | 29 | 7 | 11/08/04 |
| 1637M | Public Transportation Services Corporation 101.02000: 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 MMBA was never intended to include in its coverage transit districts with their own statutory framework for administering labor relations. more or view all topics or full text. | 28 | 160 | 06/07/04 |
| 1507H | Trustees of the California State University 101.02000: 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 The absence of Ed. Code section 89535 from HEERA 3572.5 does not preclude the parties from negotiating forms and bases for discipline not included within section 89535, provided that the subject is related to wages, hours or other negotiable terms and conditions of employment. more or view all topics or full text. | 27 | 26 | 01/08/03 |
| 1491Sa | State of California (State Personnel Board) 101.02000: 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 The Board denied SPB’s request for stay pending resolution of the appellate court proceedings because the issues before the appellate court differ from those before the Board. The appellate court’s ruling in the parties’ litigation may not resolve the Dills Act questions before the Board. Nothing in the injunctive relief ordered by the Sacramento Superior Court in Case No. 01CS00109 prohibits IUOE and DPA from continuing to pursue this unfair practice charge before the Board. more or view all topics or full text. | 27 | 17 | 11/12/02 |
| 1491S | State of California (State Personnel Board) 101.02000: 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 Although the Board does not have jurisdiction to rule on the constitutionality of the SPB’s actions, the Board may harmonize provision of the laws under its jurisdiction with other laws. more or view all topics or full text. | 26 | 33102 | 07/18/02 |
| 1467E | San Diego Community College District 101.02000: 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 District's prohibition on use of inter-site mail system and photocopying services by union for political purposes is mandated by Education Code section 7054 thus policies prohibiting such use are removed from scope of representation to the extent Section 7054 clearly evidences an intent to set an inflexible standard or insure immutable provisions. more or view all topics or full text. | 26 | 33014 | 11/28/01 |
| 1440E | Lucia Mar Unified School District 101.02000: 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 No Education code supersession because language on contracting out is permissive not mandatory. more or view all topics or full text. | 25 | 32073 | 05/24/01 |
| 1438E | San Francisco Unified School District 101.02000: 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 No unilateral change because at the time complaint issued in this case, the EERA did not apply to school districts creating charter schools or the ongoing operation of those charter schools. PERB therefore lacks jurisdiction over employees at a charter school even when those employees are still employees of the school district. more or view all topics or full text. | 25 | 32071 | 05/22/01 |
| 1371E | Wilmar Union Elementary School District 101.02000: 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 While PERB may not enforce the Education Code, the Board may interpret the Education Code to carry out its duty to administer EERA. When allegedly unlawful conduct arguably implicates both Education Code section 7055 and EERA, the Board may determine whether the action constitutes an unfair practice; p. 13. PERB is charged with the exclusive initial jurisdiction to consider the alleged unfair practice while harmonizing the purposes of EERA with those of the Education Code provisions and constitutional precedent. The mere fact that constitutional rights may be implicated or have sure bearing on this dispute is not in and of itself sufficient to divest PERB of jurisdiction. Those include the EERA purpose of promoting improved employer-employee relations in California schools through a system of collective bargaining (EERA sec. 3540), and the Education Code purpose of dissociating California schools from political controversy; Education Code sec. 7050 et seq; p. 14. more or view all topics or full text. | 24 | 31053 | 02/09/00 |
| A153E | San Francisco Community College District (Barnes) 101.02000: 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 Neither Section 88000 nor 88137 of the Education Code exempts the District from the requirements of EERA. Therefore, the District and its classified employees are not subject solely to the charter; pp. 10-11. (Petition dismissed.) more or view all topics or full text. | 10 | 17090 | 05/01/86 |
| 1240E | Fremont Unified School District 101.02000: 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 The Board finds that Education code does not preempt the provisions of the parties' agreement because there is no conflict between the Ed. code's grant of discretion and the contractual provisions which set forth the procedure through which the District may exercise that discretion; p. 6. more or view all topics or full text. | 22 | 29026 | 12/04/97 |
| 1103E | Laguna Salada Union School District 101.02000: 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 The Education Code does not mandate that adjustments to annual salaries must be made no later than June 30 each year. Nor does it suggest a methodology to be used in adjusting the level of employee compensation, or address the negotiability under EERA of a wage adjustment methodology; p. 16. more or view all topics or full text. | 19 | 26095 | 05/11/95 |
| 1073E | Ventura Community College District (Service Employees International Union Local 535) 101.02000: 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 In enacting AB 1725, the Legislature intended community college staff and students to have a recognized voice in college governance, at least with respect to matters outside the scope of representation. However, EERA and Redwoods Community College District (1987) PERB Decision No. 650 require District management to take precautions to avoid infringing upon the domain of the exclusive representative; pp. 7-8. more or view all topics or full text. | 19 | 26031 | 12/07/94 |
| 0723E | San Bernardino City Unified School District 101.02000: 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 The employer's interpretation of Ed. Code section 45256, i.e., that it no longer has power to make salary adjustments and that power is vested in a personnel commission, conflicts with the mandates of Ed. Code section 45261; pp. 12-13, proposed dec. more or view all topics or full text. | 13 | 20060 | 03/03/89 |
| 0664E | Oxnard Educators Association (Gorcey and Tripp) 101.02000: 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 Board is without jurisdiction to remedy pure Education Code violations. more or view all topics or full text. | 12 | 19067 | 05/05/88 |
| 0667E | Oxnard School District (Gorcey and Tripp) 101.02000: 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 Jurisdiction despite Education Code, where EERA provision also implicated. more or view all topics or full text. | 12 | 19080 | 05/26/88 |
| 0626Ea | Tustin Unified School District 101.02000: 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 Board has no jurisdiction to interpret Ed. Code for sole purpose of determining whether Ed. Code violated. more or view all topics or full text. | 11 | 18183 | 10/29/87 |
| 0588E | Los Angeles Unified School District (Bracey) 101.02000: 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 No jurisdiction to enforce provision of the Education Code. more or view all topics or full text. | 10 | 17160 | 09/25/86 |
| 1954E | Berkeley Unified School District 101.02000: 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 The Board found that the District did not engage in bad faith bargaining when it refused to agree to apply Education Code section 45210 and section 3543.1(c) of EERA to the president of the union. The Board held that it is not possible for an employee on leave under the Education Code to be released under EERA because the employee is already on leave. The District maintained a firm position regarding its released time proposal. more or view all topics or full text. | 32 | 73 | 04/21/08 |
| 0515E | Antioch Unified School District 101.02000: 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 Merit system or personnel administration codified in Education Code does not permit the District to unilaterally set wages/salary structures. more or view all topics or full text. | 9 | 16180 | 08/02/85 |
| 0498E | Butte Community College District 101.02000: 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 Charge fails to state prima facie case that employer's interpretation of contract contravenes Ed Code and, thus, EERA section 3540. more or view all topics or full text. | 9 | 16102 | 03/14/85 |
| 0383E | San Mateo City School District 101.02000: 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 Proposal on layoff and reemployment generally negotiable, except that those provisions which would establish a definition of "lack of funds" and impose a deadline for layoffs to end of academic year and limiting notice conflict with Education Code 45117 and are to that extent nonnegotiable; pp. 14-23. more or view all topics or full text. | 8 | 15081 | 04/30/84 |
| 0375E | Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District 101.02000: 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 To the extent Association's hold harmless proposal would extend employer's liability beyond that which is contemplated by Government Code section 825, it is nonnegotiable; p. 35. Supersession discussed in connection with Education Code sections 44015, 45118, 45103, 45105, 45101, 45308, 45308.21, 45117, 45113. 44015; Education Code section relating to awards is not inconsistent with participation of employee organization in formulation of rules and regulations pertaining to the awards; p. 32. 45118; To extent proposal binding successor entity is consistent with this section, it is negotiable; p. 37. 45103; Proposals concerning short-term and substitute employees not negotiable as they do not concern positions over which exclusive representative has authority to bargain; p. 39, 42. 45105; Bargaining proposal regarding restricted employees which did representative has authority to bargain; p. 39, 42. 45105; Bargaining proposal regarding restricted employees which did they were negotiable; p. 51, 57. 45308; Section establishes an inflexible standard which precludes parties from negotiating definition of statutory terms "lack of work" and "lack of funds." To extent proposal attempted to establish such definitions through negotiating process, it was nonnegotiable; p. 54. Proposal to establish method of determining order of layoff of employees with equal class seniority not superceded by this section; p. 61. Proposal regarding reassignments and increases in hours after voluntary demotion negotiable; p. 64. 45308.21; Section does not supercede Association's right to negotiate order of layoffs; p. 59. 45117; Section establishes minimum notice to be accorded classified employees subject to layoff; p. 55. 45113; Section does not preclude negotiation on issue of binding employees subject to layoff; p. 55. 45113; Section does not preclude negotiation on issue of binding more or view all topics or full text. | 8 | 15021 | 01/05/84 |
| 0373E | Mt. Diablo Unified School District * * * OVERRULED IN PART by Mt. Diablo Unified School District (1984) PERB Decision No. 373b and OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * 101.02000: 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 * * * OVERRULED IN PART ON OTHER GROUNDS by Mt. Diablo Unified School District (1984) PERB Decision No. 373b and OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *Nothing in the Education Code sections 44949 and 44955 creates an inflexible standard precluding all negotiations concerning the effects of layoffs; p. 33. These provisions create minimal statutory guarantees which do not conflict with attempts by an employee organization to gain additional rights through negotiations process; p. 33. Board found that comprehensive layoff notice and time provisions of Education Code superseded right to negotiate effects of layoff; pp. 33-36. District’s failure to negotiate issues related to implementation of layoff was not excused by operational necessity; p. 36. Section 44955 does create inflexible standard which supersedes the right of employees to negotiate the criteria for determining order of layoff of employees with same date of hire; p. 44 Good discussion of supersession generally; p. 27-36. Good discussion of supersession generally; p. 27-36. more or view all topics or full text. | 8 | 15017 | 12/30/83 |
| 0360E | Arcohe Union School District 101.02000: 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 Education Code mandating custodial services by classified employees does not preclude bargaining on issues related to such service. more or view all topics or full text. | 7 | 14294 | 11/23/83 |
| 0337E | Kern Community College District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * 101.02000: 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 * * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *Seniority governed by Education Code 87743. more or view all topics or full text. | 7 | 14229 | 08/19/83 |
| 0333S | State of California (Department of Transportation) 101.02000: 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 SPB constitutional authority to establish classifications not usurped by negotiations required for transfers within such classifications. more or view all topics or full text. | 7 | 14225 | 08/18/83 |
| 0325E | Long Beach Unified School District 101.02000: 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 Education Code section may cite references to wages and transfers - but PERB does not enforce Education Code. Board declined to determine whether Education Code provisions preempt District's obligation to negotiate; p. 3, fn. 5. more or view all topics or full text. | 7 | 14193 | 07/08/83 |
| 0297E | Mt. San Antonio Community College District 101.02000: 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 Education Code section 72413 does not limit the scope of representation so long as it merely authorizes a certain policy but falls short of creating an absolute obligation; pp. 5-6. Education Code section 72413 does not relieve District of its duty to bargain over summer school teaching assignments; p. 6. more or view all topics or full text. | 7 | 14109 | 03/24/83 |
| 0265E | Calexico Unified School District 101.02000: 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 Proposals which are otherwise negotiable are within scope unless a conflicting Education Code provision precludes variance from its terms; section 45038 et seq., of the Education Code do not preclude negotiations over lump-sum salary payments. more or view all topics or full text. | 7 | 14016 | 12/20/82 |
| 0266E | Brawley Union High School District 101.02000: 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 Where a provision of the Education Code requires a certain action, the parties are prohibited from negotiating a provision which directly conflicts with the statutory requirement; p. 9. more or view all topics or full text. | 7 | 14020 | 12/21/82 |
| 0255E | San Bernardino City Unified School District 101.02000: 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 Education Code sections 44932, et seq., governing dismissal of certificated employees, does not set forth a specific mandated criteria, and does therefore not preclude the negotiation of reasonable regulations; pp. 9-10. Negotiability of a proposal is not precluded by the Education Code, so long as the proposal does not directly conflict with the Code; pp. 8-9 Unless language in the Education Code clearly evidences an intent to set an inflexible standard or insure immutable provisions, the negotiability of a proposal is not precluded; p. 9. more or view all topics or full text. | 6 | 13249 | 10/29/82 |
| 0219E | Solano County Community College District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * 101.02000: 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 * * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * * In readopting the supersession clause of the Winton Act as section 3540 of the EERA, the Legislature is presumed to have knowledge of and acquiesced in the judicial construction given to the provision; p. 14. more or view all topics or full text. | 6 | 13154 | 06/30/82 |
| 0215E | Barstow Unified School District 101.02000: 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 Education Code sections giving District right to adopt rules regarding manner of proof of illness does not supersede EERA sections 3540. Read together, the sections and EERA supersession section 3543.2, provide that District shall adopt leave verification rules subject to its duty to negotiate any change in working conditions of its employees. more or view all topics or full text. | 6 | 13136 | 06/11/82 |
| 0210E | Novato Unified School District 101.02000: 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 35050(c)-contradictory to EERA section 3543.5(a), the protection of an employee's right to engage in protected activities free of reprisal is a fundamental legislative purpose. Limiting the District's power of transfer to purposes not prohibited by EERA harmonizes the two sections without depriving the District of its discretion to transfer employees for legitimate purposes. more or view all topics or full text. | 6 | 13114 | 04/30/82 |
| 0193E | North Sacramento School District 101.02000: 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 Requirement that merit system district negotiate with exclusive representative over decision to reduce hours "in lieu of lay-offs" does not conflict with Education Code or Personnel Commission Rules. more or view all topics or full text. | 6 | 13026 | 12/31/81 |
| 0133E | Jefferson School District 101.02000: 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 Section 3540 does not prohibit negotiation of issues that are covered in the Ed. Code as long as those provisions are not explicitly precluded by the Ed. Code; the exclusion of provisions which mirror the Ed. Code does not violate the supercession provisions of EERA. more or view all topics or full text. | 4 | 11117 | 06/19/80 |
| 0051E | Pajaro Valley Unified School District 101.02000: 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 ALJ properly declined to address legality of dues deductions under Ed. Code or case law where not determinative of whether unfair practice committed. more or view all topics or full text. | 2 | 2107 | 05/22/78 |
| 0040E | Sonoma County Office of Education 101.02000: 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 Board finds attorney general's opinion re: Education Code section 45268 to be controlling in resolving dispute. more or view all topics or full text. | 1 | 588 | 11/23/77 |
| 0924E | Santa Maria-Bonita School District 101.02000: 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 Collective bargaining agreement procedures for nonreemployment of probationary employees preempted by the Education and Government Codes. Education Code section 44929.21 governs procedures for not reemploying probationary employees for the ensuing school year. more or view all topics or full text. | 16 | 23042 | 02/24/92 |