All notes for Subtopic 1500.02000 – Education Code Sections Considered by PERB (By Number)
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2548E | Lake Elsinore Unified School District (Edwards) 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) 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) 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) 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 |
| J027E | California Virtual Academies 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) (The Board’s conclusion that Education Code section 47611.5, subdivision (b) did not preclude a finding that a charter school with multiple sites was a single employer does not present a novel issue warranting judicial review. The fact that CAVA disagrees with the Board’s legal and factual conclusions does not make for a “novel” issue. If such disagreements did determine a “novel issue,” every case involving conflicting statutory interpretations, no matter their merit, would satisfy this element, rendering meaningless the policy considerations that counsel for a very strict standard in joining in requests for judicial review.) (The decision’s discussion of the meaning of the phrase “exclusive public school employer” contained in Education Code section 47611.5, subdivision (b). in addressing CAVA’s argument does not turn this fact-intensive case into one of statutory construction.) more or view all topics or full text. | 41 | 74 | 09/30/16 |
| 2458E | Jurupa Unified School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) It is reasonable to infer that the District would not have ordered charging party to participate in consecutive performance evaluations in the absence of the District official’s hostility towards charging party’s protected conduct. Removing an evaluation from charging party’s file after investigating her complaint did not retroactively diminish its substantial compliance with Education Code section 44664 for that school year. more or view all topics or full text. | 40 | 75 | 10/23/15 |
| 2397E | Fremont Unified School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Education Code section 44065 provides appropriate guidance in determining whether job functions are to be considered “certificated.” more or view all topics or full text. | 39 | 63 | 11/14/14 |
| 2332E | Santa Ana Unified School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Education Code section 17604 does not apply to unfair practice settlement agreements made pursuant to PERB proceedings. The Legislature consciously chose not to import former Education Code section 13081(d) into EERA. Education Code section 35161 does not require that a settlement agreement of an unfair practice charge be ratified or approved of by a school district’s governing board in order to bind the district. Education Code section 35163 does not require ratification of a settlement agreement of an unfair practice charge by a vote of a school district’s governing board. A school district is equitably estopped from relying on Education Code section 35163 when it conceals from the union and PERB the alleged fact that ratification of a settlement agreement of a PERB unfair practice charge is required in order to bind the district. more or view all topics or full text. | 38 | 51 | 10/03/13 |
| 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 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) * * * 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 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Section 7054 of the Education Code supersedes access rights under EERA; therefore, a union may not use school district mail facilities to distribute newsletters containing information regarding the union’s political endorsements. more or view all topics or full text. | 33 | 136 | 07/27/09 |
| 1772E | San Leandro Unified School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Section 7054; Education Code section 7054 supersedes access rights under EERA; therefore, a union may not use school district mail facilities to distribute newsletters containing information regarding the union’s political endorsements. more or view all topics or full text. | 29 | 145 | 06/28/05 |
| 1467E | San Diego Community College District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Section 7054. 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 |
| J014E | Palomar Community College District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) 87610.1(e). The mere fact that the Board has not previously interpreted Educaiton Code section 87610.1(e) does not justify a request for judicial review; p. 5. more or view all topics or full text. | 16 | 23140 | 09/04/92 |
| A153E | San Francisco Community College District (Barnes) 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) (88000) (88137) 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. (88137) As section 88137 of the Education Code states that the governing board of the District shall have the right to fix the duties of its employees, the District has the authority to direct the classified employees in their work; p. 12. more or view all topics or full text. | 10 | 17090 | 05/01/86 |
| 1320E | Ocean View School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Under Education Code section 38020, a school district may lawfully contract out transportation services subject to its good faith bargaining obligation under EERA; p. 3, warning letter. more or view all topics or full text. | 23 | 30080 | 03/22/99 |
| 1198E | San Ysidro School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Education Code section 45101(g), states that a reduction in hours constitutes a layoff only if the affected employees voluntarily consent to the reduction in lieu of layoff. This section does not apply where there is no evidence that the employees in question consented to the reduction in hours in lieu of layoff; p. 4. more or view all topics or full text. | 21 | 28095 | 05/07/97 |
| 1138Eb | Barstow Unified School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Ed. Code section 39800 permits contrating out of transportation services in merit system school districts despite the restrictions of Ed. Code section 45241. more or view all topics or full text. | 21 | 28068 | 03/20/97 |
| 1060E | Los Angeles Community College District (Mrvichin) 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Based on additional information brought to the Board's attention on appeal (Ed. Code sec. 87737), it is possible that charging party still had standing as an employee at the time of the alleged unfair practice. The Board remands the case to the General Counsel for further investigation; p. 6. more or view all topics or full text. | 18 | 25150 | 10/05/94 |
| 1027E | Buena Park School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Government Code section 3543.2(d) clearly indicates that Education Code section 45028 may be overridden by agreement in cases of additional compensation, e.g., in the form of anniversary increments. Insistence to impasse on this subject is not bad faith bargaining. more or view all topics or full text. | 18 | 25014 | 11/24/93 |
| 1022E | Stanislaus County Office of Education 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Education Code 44065. The naturalists are certificated employees because at least half of the duties are instructional services pursuant to Ed. Code sec. 44065; pp. 12-17. more or view all topics or full text. | 18 | 25005 | 10/26/93 |
| 0955E | Eureka City School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) 48901. The district relied on the legislative mandate in Education Code section 48901 in establishing its smoking policy; p. 12. more or view all topics or full text. | 16 | 23168 | 10/27/92 |
| 0885E | San Diego Unified School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Section 44031 - The ALJ has no authority to order compliance with section 44031. Thus, the ALJ's order requiring the District to delete allegedly tainted documents from employee's personnel file is unenforceable. more or view all topics or full text. | 15 | 22103 | 06/14/91 |
| 0884E | Modesto City School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) [Education Code sections 45104, 45103 and 44066] indicate that a school district must designate a position as "classified" unless the duties to be performed require certification, in which case the position must be designated as certificated. Thus, when the District creates a position it must, at least tentatively, designate it either classified or certificated (Healdsburg Union High School District (1984) PERB Decision No. 375) and is prohibited from requiring certification unless it is required by law or is an occupational qualification; p. 17. more or view all topics or full text. | 15 | 22099 | 06/03/91 |
| 0868E | Whisman Elementary School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Where Education Code section 35021 expresses legislative intent to limit those circumstances where a volunteer aide will be found to be an employee of the District, transfer of work to volunteers analyzed under subcontracting analysis; pp. 13-14. more or view all topics or full text. | 15 | 22043 | 02/14/91 |
| 0857E | North Orange County Regional Occupational Program * * * SUPERSEDED by amendment to EERA section 3540.1, subdivision (k), Stats. 1999, Ch. 828 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) * * * SUPERSEDED by Stats. 1999, ch. 828 (A.B. 631), § 5.5, which added joint powers agency to the definition of public school employer or employer under the EERA where certain conditions are met. * * *Education Code Section 52300, et seq. expressly provides for creation and characterization of regional occupational centers and programs operating pursuant to joint powers agreements; pp. 9-12. more or view all topics or full text. | 15 | 22010 | 12/17/90 |
| 0839E | Santa Clara County Office of Education 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) 45196; Ed. Code sec. 45196 merely provides for a minimum amount of sub-differential pay and the parties are free to negotiate a higher amount; p. 3. more or view all topics or full text. | 14 | 21178 | 09/18/90 |
| 0802E | San Ramon Valley Education Association CTA/NEA (Abbot/Cameron) 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Section 45061 authorizes the collection of agency fees; p. 3. more or view all topics or full text. | 14 | 21075 | 03/29/90 |
| 0786E | McFarland Unified School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Ed. Code section 44882 (now 44929.21(b)), even though this section permits a district to make a nonreelection decision without showing cause, the district may not do so for discriminatory reasons; pp. 7-8. (Affirmed, McFarland USD v. PERB/McFarland Teachers Assn. (March 7, 1991).) more or view all topics or full text. | 14 | 21034 | 01/03/90 |
| 0766E | Cajon Valley Union School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) 45256 A 1981 amendment did not overrule the Sonoma decision (102 Cal.App.3d 689) and did not establish exclusive salary-setting authority with a personnel commission; p. 3. more or view all topics or full text. | 13 | 20198 | 09/15/89 |
| 0723E | San Bernardino City Unified School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Section 45256; 1981 amendment did not overrule Sonoma decision, 102 Cal.App.3d 689; p. 4. Section 45260; Amend at same time as section 45256 supports argument that Sonoma decision, 102 Cal.App.3d 689, was not overruled in 1981; p. 5. Section 45261; Employer's interpretation of 1981 amendment to section 45256, i.e., that it no longer had power to make salary adjustments, conflicts with the unchanged section 45256; pp. 12-13, proposed dec. Section 45268; 1981 amendment to section 45256 did not overrule Sonoma, 102 Cal.App.3d 689 decision's interpretation of section 45268's effect on the scope of bargaining; p. 4. more or view all topics or full text. | 13 | 20060 | 03/03/89 |
| 0667E | Oxnard School District (Gorcey and Tripp) 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) 45028 Board discussed Ed. Code section 45028 dealing with salaries of certificated employees. more or view all topics or full text. | 12 | 19080 | 05/26/88 |
| 0625E | Fountain Valley Elementary School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) 46201(c) Nonmandatory provision does not provide business necessity defense. more or view all topics or full text. | 11 | 18115 | 06/23/87 |
| 0602E | Rancho Santiago Community College District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Rescission of a notice of unprofessional conduct (Ed. Code sec. 87734) is appropriate remedy within PERB's broad remedial authority. more or view all topics or full text. | 11 | 18021 | 12/30/86 |
| 1954E | Berkeley Unified School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) 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 |
| 0375E | Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) 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 not conflict with this section negotiable. 45101(d)(e)(g); To extent proposals consistent with statute, they were negotiable; p. 51, 57. 45308; Section establishes an inflexible standard which precludes parties from negotiating definition of statutory terms "lack of work" 45308; Section establishes an inflexible standard which precludes parties from negotiating definition of statutory terms "lack of work" p. 54. Proposal to establish method of determining order of layoff of employees with equal class seniority not supercede by this section; p. 61. Proposal re 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 arbitration of disciplinary matters; p. 73. more or view all topics or full text. | 8 | 15021 | 01/05/84 |
| 0374E | Azusa Unified School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) 41501(g). Involuntary reduction of hours is within scope and not subject to Education Code section 45101(g); p. 11. more or view all topics or full text. | 8 | 15018 | 12/30/83 |
| 0371E | Mammoth Unified School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) 35160 - Education Code authorized discipline short of dismissal and contract incorporated the District's authority under this section; p. 8. more or view all topics or full text. | 8 | 15015 | 12/29/83 |
| 0368E | San Diego Community College District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Sections 87607-87610 - portion of remedial order which would contravene the provisions of the Education Code governing evaluation procedures and tenure requirements modified by PERB so as to be prospective in nature only; p. 27. more or view all topics or full text. | 8 | 15009 | 12/22/83 |
| 0360E | Arcohe Union School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Education Code section 45103 does not preclude bargaining over custodial services. 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 * * * 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) * * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *Education Code 87743 covers seniority and layoff notice. Absent additional evidence, Board will not find that employer's distribution of mandated layoff notices constitutes a refusal to negotiate. more or view all topics or full text. | 7 | 14229 | 08/19/83 |
| 0326E | Oakland Unified School District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) * * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *Notice and timing of layoff are negotiable effects and are not precluded by Ed. Code; p. 30. more or view all topics or full text. | 7 | 14195 | 07/11/83 |
| 0325E | Long Beach Unified School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) While Education sections 44903.7 and 45028 contain references to wages and trasfer policy, PERB is not empowered to enforce Ed. Code. more or view all topics or full text. | 7 | 14193 | 07/08/83 |
| 0315E | Simi Valley Educators Association (Ake) (Pringle) 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Ed. Code section 45061. Contract provision agreed to and implemented prior to the effective date of Education Code 45061, requiring payroll deduction authorization is lawful under EERA; p. 11. As organizational security agreement, by its terms, requires both members and nonmembers to execute an authorization for payroll deduction, agreement does not discriminate against nonmembers; p. 11. more or view all topics or full text. | 7 | 14164 | 05/27/83 |
| 0297E | Mt. San Antonio Community College District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) 72413: 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 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) 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 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Sections 45038 et seq. does not preclude negotiations over lump-sum salary payments; p. 7. more or view all topics or full text. | 7 | 14020 | 12/21/82 |
| 0254E | San Ramon Valley Unified School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Section 7054. EERA section 3543.1(b) grants organizations the right to use employer mail facilities, subject to reasonable regulation; interference with right constitutes violations of EERA sections 3543.5(a) and 3543.5(b); p. 3. Education Code section 7054 does not preclude the employer's distribution of union materials referencing a statewide ballot measure, since the latter does not constitute a "school measure of the district." more or view all topics or full text. | 6 | 13250 | 10/29/82 |
| 0255E | San Bernardino City Unified School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) 44932 et seq. does not preclude negotiations of reasonable regulations re: disciplinary procedure. more or view all topics or full text. | 6 | 13249 | 10/29/82 |
| 0250E | Holtville Unified School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Section 44906 - 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. | 6 | 13235 | 09/30/82 |
| 0252E | Los Angeles Community College District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Section 88183 requiring district to make shift assignments on the basis of seniority does not prevent reinstatement of employees to restore status quo. more or view all topics or full text. | 6 | 13241 | 10/18/82 |
| 0219E | Solano County Community College District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) * * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * * 87002 - No "supersession" of Education Code applicable. Nothing in Education Code sections 87002, 87400, 88004 prevents District from negotiating with classified unit over decision to transfer out work of tutoring center specialist and off-campus representatives; pp. 12-15. EERA and the Education Code provisions can be harmonized under the circumstances. more or view all topics or full text. | 6 | 13154 | 06/30/82 |
| 0215E | Barstow Unified School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) 45191 - Education Code sections giving District right to adopt rules regarding manner of proof of illness does not supercede EERA sections 3540. Read together, the sections and EERA supercession 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 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) 35035(c) The school district's transfer discretion is inherently limited by the requirement that it be exercised reasonably and in the best interests of the educational objectives of the school system. The District's prerogative is not absolute and its decision to transfer cannot be protected where the motive for such a transfer is unlawful; pp. 19-20. 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 prupose. Limiting the District's power to transfer to purposes not prohibited by EERA harmonizes the two sections without depriving the District of its discretion to transfer employees for legitimate puposes. Violation of Education Code 44031 is evidence of improper motive. Violation of Education Code 44031 is evidence of improper motive. more or view all topics or full text. | 6 | 13114 | 04/30/82 |
| 0208E | Fresno Unified School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Waiver of statutory right (Ed. Code section 45060) not lightly inferred. more or view all topics or full text. | 6 | 13110 | 04/30/82 |
| 1006E | Gonzales Union High School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Education Code 44494: Under Education Code 44494(d) a District's participation in a mentor teacher program is not an negotiable issue; p. 13, proposed dec. more or view all topics or full text. | 17 | 24119 | 06/25/93 |
| 0098E | Gilroy Unified School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) 8366; Relying on Ed. Code sec. 8366, the Board holds that "permit teachers" are certificated employees; Board distinguished Oakland #15. (pp. 9-12) 45256(a); Ed. Code sec. 45256(a) excludes from classified service, any positions requiring certification and Ed. Code sec. 8366 defines "permit teachers" as certificated, therefore, permit teachers held to properly be in certificated unit; pp. 10-11. more or view all topics or full text. | 3 | 10101 | 07/20/79 |
| 0040E | Sonoma County Office of Education 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) Ed. Code 45268. Employer must negotiate individual salary as long as the relationship between job classifications in the same occupational group is not changed. more or view all topics or full text. | 1 | 588 | 11/23/77 |
| 0947E | Palomar Community College District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) 87610.1(e). Dills Act test to establish supervisory status of proposed bargaining unit member, applied to EERA and Ed. Code sec. 87610.1(e) to determine supervisory status of community college department chairpersons; pp. 4-5; pp. 22-24, proposed dec. more or view all topics or full text. | 16 | 23111 | 07/14/92 |
| 0924E | Santa Maria-Bonita School District 1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number) 44929.21. Collective bargaining agreement procedures for nonreemployment of probationary employees preempted by the Education and Government Codes. more or view all topics or full text. | 16 | 23042 | 02/24/92 |