All notes for Subtopic 101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession

DecisionDescriptionPERC Vol.PERC IndexDate
2745M County of Sacramento
101.2000: 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.
09/18/20
A452E Fairfield Unified School District
101.2000: 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.
423408/16/17
2548E Lake Elsinore Unified School District (Edwards)
101.2000: 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.
4210202/02/18
2548E Lake Elsinore Unified School District (Edwards)
101.2000: 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.
4210202/02/18
2544E Bellflower Unified School District
101.2000: 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.
427012/15/17
2517C Fresno County Superior Court * * * VACATED IN PART by Fresno County Superior Court (2019) PERB Decision No. 2517a-C
101.2000: 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 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 (MMBA), 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.
4114002/27/17
2518E Los Angeles Unified School District
101.2000: 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.
4114603/06/17
2540M City and County of San Francisco * * * VACATED IN PART by City and County of San Francisco (2019) PERB Decision No. 2540a-M
101.2000: 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 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 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.
425010/20/17
2388Ma City of Palo Alto
101.2000: 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.
4116204/10/17
2536M City and County of San Francisco
101.2000: 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.
421406/30/17
2464M City of San Diego * * * Decision upheld on appeal to the California Supreme Court (8/2/2018); limited review of remedial order on remand. * * *
101.2000: 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.
4010812/29/15
A437H Regents of the University of California and Teamsters Clerical, Local 2010 (Polk)
101.2000: 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.
4017705/09/16
2427M County of San Luis Obispo
101.2000: 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.
3917606/03/15
2423M County of San Bernardino (Office of the Public Defender)
101.2000: 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.
3916505/15/15
2388M City of Palo Alto * * * SUPERCEDED by City of Palo Alto (2017) PERB Decision No. 2388a-M
101.2000: 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
We construe MMBA section 3509(e) to reserve to the courts questions arising in actions involving interest arbitration, as governed by Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure, when the action involves an employee organization that represents firefighters, as defined in Section 3251, 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. The adoption of rules and regulations concerning either interest arbitration or mediation or both, falls squarely within the public agency’s duty, established by MMBA section 3507, to consult in good faith. Absent a factual predicate implicating MMBA section 3509(e), viz., an “action” pursuant to Code of Civil Procedure 1280 et seq., PERB retains exclusive initial jurisdiction to construe and enforce a public agency’s duty under MMBA section 3507 to consult in good faith, even where, as here, the local rule proposed for adoption or modification by the public agency concerns interest arbitration and even where, as here, the recognized employee organization seeking to enforce its MMBA consultation rights represents firefighters. In MMBA section 3509(b), the Legislature has conferred on PERB exclusive initial jurisdiction over allegations that a public agency, including without limitation a charter city, has failed or refused to consult in good faith pursuant to section 3507, prior to taking direct action on the matter or to acting indirectly by submitting a ballot measure to its voters. In 1975, the Legislature enacted the Educational Employment Relations Act (EERA), thereby creating and vesting EERB (PERB’s precursor) with broad jurisdiction and remedial authority. EERA section 3541.3 provides, in pertinent part: The board shall have all of the following powers and duties: (i) To investigate unfair practice charges or alleged violations of this chapter, and take any action and make any determinations in respect of these charges or alleged violations as the board deems necessary to effectuate the policies of this chapter . . . (j) To bring an action in a court of competent jurisdiction to enforce any of its orders, decisions, or rulings. . . (n) To take any other action as the board deems necessary to discharge its powers and duties and otherwise to effectuate the purposes of this chapter. EERA section 3541.5 provides, in pertinent part: Procedures for investigating, hearing, and deciding these cases shall be devised and promulgated by the Board and shall include all of the following: The Board shall have the power to issue a decision and order directing an offending party to cease and desist from the unfair practice and to take such affirmative action, including but not limited to the reinstatement of employees with or without back pay, as will effectuate the policies of this chapter. Regarding PERB’s authority and competence to adjudicate in the first instance an issue implicating the extent of its own jurisdiction vis-à-vis that of a charter city, the appellate court observed: “We agree with the trial court that the issues presented in this case–especially the extent to which local regulation of employment matters as prescribed by the [City and County of San Francisco] charter might be superseded by matters of statewide concern as set out in the EERA–is a matter properly decided, in the first instance, by PERB.” (Local 21, International Federation of Professional and Technical Engineers, AFL-CIO v. Thornton C. Bunch, Jr. (1995) 40 Cal.App.4th 670, 676.) Five years after the court’s decision in Local 21, International Federation of Professional and Technical Engineers, AFL-CIO v. Thornton C. Bunch, Jr. (1995) 40 Cal.App.4th 670, the Legislature vested in PERB jurisdiction and remedial authority over the MMBA. As the Legislature wrote in MMBA section 3509: “The powers and duties of the board described in Section 3541.3 shall also apply, as appropriate, to this chapter and shall include the authority as set forth in subdivisions (b) and (c). . . . The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board.” The Legislature thus accorded PERB authority to determine in the first instance whether local regulation of employment matters in a charter city is superseded by the MMBA’s policies of statewide concern and to prescribe the appropriate remedy. 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. Exercising this authority, we decide that our precedents compel the result we reach, viz., that in addition to cease and desist orders, affirmative relief is also appropriate, including an order directed to the City itself to rescind the City’s action of July 18, 2011, referring to voters of a measure to repeal Article V of the Charter, coupled with an order directed to the City itself to consult in good faith upon request. A preeminent element of the Legislature’s MMBA policy design for employer employee relations in public agencies is a public agency’s discretion, as provided in MMBA section 3507, to adopt its own rules and regulations for the administration of employer employee relations. In section 3507 the Legislature accorded to employees, through their organizations, a voice in designing their agency’s rules and regulations, mandating that prior to adopting its rules and regulations a public agency “consult in good faith” with employee organization representatives. The Legislature did not prescribe with particularity the consultation process mandated by MMBA section 3507. However, several courts of appeal have provided guidance, concluding that consultation under section 3507 is “indistinguishable” from meeting and conferring under section 3505. Relying on these decisions, we conclude that the consultation process mandated by section 3507 is very much like the meet and confer process described in section 3505. A public agency’s consultation obligations under MMBA section 3507 arise sufficiently in advance of the agency’s adoption of rules and regulations for the administration of employer employee relations, to permit completion of consultation discussions prior to such adoption. Pursuant to MMBA section 3507, a public agency must: (1) provide reasonable written notice to each employee organization affected by the rule or regulation proposed for adoption or modification by the agency; and (2) afford each such organization a reasonable opportunity to meet and discuss the rule or regulation prior to the agency’s adoption. MMBA section 3507 imposes on a public agency and on recognized employee organizations, several mutual obligations in the conduct of consultation, which are to: (1) meet and confer regarding consultation subjects promptly upon the request by either party; (2) continue meeting and conferring for a reasonable period of time in order to exchange freely information, opinions and proposals; and (3) endeavor to reach an agreement. more or view all topics or full text.
392508/06/14
2378E Centinela Valley Union High School District
101.2000: 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.
39706/17/14
2381E Monterey Peninsula Unified School District
101.2000: 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.
391206/27/14
2300H Regents of the University of California
101.2000: 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.
12/20/12
2153H Regents of the University of California
101.2000: 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.
352112/30/10
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
101.2000: 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 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.
3412008/09/10
2054E Conejo Valley Unified School District
101.2000: 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.
3313607/27/09
2040E San Francisco Unified School District
101.2000: 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.
3311406/23/09
1993E Baker Valley Unified School District
101.2000: 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.
332312/19/08
1988M City of Burbank
101.2000: 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.
331111/25/08
1772E San Leandro Unified School District
101.2000: 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.
2914506/28/05
1704M Golden Empire Transit District
101.2000: 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.
29711/08/04
1637M Public Transportation Services Corporation
101.2000: 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.
2816006/07/04
1507H Trustees of the California State University
101.2000: 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.
272601/08/03
1491Sa State of California (State Personnel Board)
101.2000: 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.
271711/12/02
1491S State of California (State Personnel Board)
101.2000: 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.
263310207/18/02
1467E San Diego Community College District
101.2000: 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.
263301411/28/01
1440E Lucia Mar Unified School District
101.2000: 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.
253207305/24/01
1438E San Francisco Unified School District
101.2000: 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.
253207105/22/01
1371E Wilmar Union Elementary School District
101.2000: 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.
243105302/09/00
A153E San Francisco Community College District (Barnes)
101.2000: 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.
101709005/01/86
1240E Fremont Unified School District
101.2000: 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.
222902612/04/97
1103E Laguna Salada Union School District
101.2000: 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.
192609505/11/95
1073E Ventura Community College District (Service Employees International Union Local 535)
101.2000: 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.
192603112/07/94
0723E San Bernardino City Unified School District
101.2000: 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.
132006003/03/89
0664E Oxnard Educators Association (Gorcey and Tripp)
101.2000: 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.
121906705/05/88
0667E Oxnard School District (Gorcey and Tripp)
101.2000: 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.
121908005/26/88
0626Ea Tustin Unified School District
101.2000: 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.
111818310/29/87
0588E Los Angeles Unified School District (Bracey)
101.2000: 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.
101716009/25/86
1954E Berkeley Unified School District
101.2000: 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.
327304/21/08
0515E Antioch Unified School District
101.2000: 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.
91618008/02/85
0498E Butte Community College District
101.2000: 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.
91610203/14/85
0383E San Mateo City School District
101.2000: 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.
81508104/30/84
0375E Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District
101.2000: 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.
81502101/05/84
0373E Mt. Diablo Unified School District  * * * REVERSED IN PART BY Mt. Diablo Unified School District (1984) PERB Decision No. 373b
101.2000: 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
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.
81501712/30/83
0360E Arcohe Union School District
101.2000: 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.
71429411/23/83
0337E Kern Community College District
101.2000: 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
Seniority governed by Education Code 87743. more or view all topics or full text.
71422908/19/83
0333S State of California (Department of Transportation)
101.2000: 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.
71422508/18/83
0325E Long Beach Unified School District
101.2000: 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.
71419307/08/83
0297E Mt. San Antonio Community College District
101.2000: 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.
71410903/24/83
0265E Calexico Unified School District
101.2000: 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.
71401612/20/82
0266E Brawley Union High School District
101.2000: 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.
71402012/21/82
0255E San Bernardino City Unified School District
101.2000: 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.
61324910/29/82
0219E Solano County Community College District
101.2000: 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 readopting the supercession 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.
61315406/30/82
0215E Barstow Unified School District
101.2000: 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.
61313606/11/82
0210E Novato Unified School District
101.2000: 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.
61311404/30/82
0193E North Sacramento School District
101.2000: 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.
61302612/31/81
0133E Jefferson School District
101.2000: 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.
41111706/19/80
0051E Pajaro Valley Unified School District
101.2000: 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.
2210705/22/78
0040E Sonoma County Office of Education
101.2000: 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.
158811/23/77
0924E Santa Maria-Bonita School District
101.2000: 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.
162304202/24/92