All notes for Subtopic 1407.02000 – Amendments to Statute
|Decision||Description||PERC Vol.||PERC Index||Date|
City of Santa Rosa|
1407.2000: GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION; Amendments to StatuteThe California Legislature’s 2000 amendment to the MMBA embodied in AB 1852 did not create an exception to the rule that an imposition does not establish a set duration for imposed terms and conditions of employment. The legislative history of AB 1852 contains nothing to support the claim that there is a one-year hiatus on the union’s duty to bargain. The legislative intent was to declare that the employer’s post-impasse imposition does not establish an MOU and therefore does not extinguish the right of the employee organization to negotiate prior to the adoption of the agency’s annual budget, or "as otherwise required by law." (MMBA section 3505.4.) The amended statute is thus a sword enabling the union to assert bargaining rights after imposition. It is not a shield protecting the union from legitimate demands to bargain from the employer. more or view all topics or full text.
Monrovia Unified School District|
1407.2000: GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION; Amendments to StatuteAmendment to statute adding discipline short of dismissal to section 3543.2 did not abrogate existing contractual language ceding disciplinary authority to employer. more or view all topics or full text.
Peralta Community College District|
1407.2000: GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION; Amendments to StatuteAmendments affecting unrelated sections, or even reenactment of language will not be construed to approve or condone an administrative agency's prior erroneous interpretation of a statute; p. 13. more or view all topics or full text.