All notes for Subtopic 1500.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
2548E Lake Elsinore Unified School District (Edwards)
1500.1000: MISCELLANEOUS ISSUES; EDUCATION CODE; In General
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)
1500.1000: MISCELLANEOUS ISSUES; EDUCATION CODE; In General
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
2332E Santa Ana Unified School District
1500.1000: MISCELLANEOUS ISSUES; EDUCATION CODE; In General
It is not within PERB’s jurisdiction to enforce the Education Code, and PERB is powerless to remedy violations of the Education Code. PERB does have jurisdiction to interpret the Education Code in an effort to harmonize its provisions with EERA and other statutes under PERB’s jurisdiction. more or view all topics or full text.
385110/03/13

1500.1000: MISCELLANEOUS ISSUES; EDUCATION CODE; In General
PERB did not have exclusive jurisdiction over request for injunction to prohibit protesters from leafletting outside school board members place of business where conduct allegedly violated Education Code 35230 and Government Code 1090 provisions on conflict of interest; although conduct may be arguably prohibited under EERA, local concern exception allows no preemption because: issues of conflict of interest not within PERB jurisdiction or expertise, and these issues are of obvious state interest. [166 Cal.App.3d at 888] more or view all topics or full text.
1103E Laguna Salada Union School District
1500.1000: MISCELLANEOUS ISSUES; EDUCATION CODE; In General
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
0868E Whisman Elementary School District
1500.1000: MISCELLANEOUS ISSUES; EDUCATION CODE; In General
While PERB has no jurisdiction to enforce provisions of the Education Code, it has jurisdiction to interpret the Education Code as necessary to carry out its duty to administer EERA; p. 13. Where EERA and the Education Code address same or similar subjects, the Board seeks a resolution which harmonizes the legislative intent underlying both; p. 13. more or view all topics or full text.
152204302/14/91
0723E San Bernardino City Unified School District
1500.1000: MISCELLANEOUS ISSUES; EDUCATION CODE; In General
PERB has initial exclusive jurisdiction to enforce statutes it administers and to interpret the Ed. Code as necessary; p. 2-3. more or view all topics or full text.
132006003/03/89
0626Ea Tustin Unified School District
1500.1000: MISCELLANEOUS ISSUES; EDUCATION CODE; In General
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
0498E Butte Community College District
1500.1000: MISCELLANEOUS ISSUES; EDUCATION CODE; In General
PERB may interpret Ed. Code where necessary to determine if EERA violated. more or view all topics or full text.
91610203/14/85
0383E San Mateo City School District
1500.1000: MISCELLANEOUS ISSUES; EDUCATION CODE; In General
45101(e) Section does not supersede obligation to bargain regarding discipline; p. 10-13. 45113 Section does not supersede obligation to bargain regarding discipline; p. 10-13. 45116 Section does not supersede obligation to bargain regarding discipline; p. 10-13. 45117 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
0373E Mt. Diablo Unified School District  * * * REVERSED IN PART BY Mt. Diablo Unified School District (1984) PERB Decision No. 373b
1500.1000: MISCELLANEOUS ISSUES; EDUCATION CODE; In General
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 attemps by an employee organization to gain additional rights through negotiations process; p. 33. Board found that comprehensive layoff notice and timing 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.); pp. 27-36. discussion of supersession generally.); pp. 27-36. more or view all topics or full text.
81501712/30/83
0325E Long Beach Unified School District
1500.1000: MISCELLANEOUS ISSUES; EDUCATION CODE; In General
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
1500.1000: MISCELLANEOUS ISSUES; EDUCATION CODE; In General
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. more or view all topics or full text.
71410903/24/83
0250E Holtville Unified School District
1500.1000: MISCELLANEOUS ISSUES; EDUCATION CODE; In General
Employer's obligation to bargain mandatory retirement does not conflict with Education Code section 44906; negotiations are precluded only where the statutory language demonstrates a legislative intent to establish a specific and unalterable provision, and contract proposals would replace or annul such provisions...; p. 11. more or view all topics or full text.
61323509/30/82
0133E Jefferson School District
1500.1000: MISCELLANEOUS ISSUES; EDUCATION CODE; In General
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 provision of EERA. more or view all topics or full text.
41111706/19/80
0017E Mountain View School District (Olson)
1500.1000: MISCELLANEOUS ISSUES; EDUCATION CODE; In General
PERB is not proper forum for violations of "state school law" or federal constitution. more or view all topics or full text.
112605/17/77
0923E California School Employees Association (Professional School Bus Drivers Association)
1500.1000: MISCELLANEOUS ISSUES; EDUCATION CODE; In General
Duty of fair representation does not extend to the enforcement of rights under the Education Code; p. 2, warning letter. more or view all topics or full text.
162303802/19/92