All notes for Subtopic 1500.03000 – Education Code Sections Considered by PERB (By Subject)

DecisionDescriptionPERC Vol.PERC IndexDate
2548E Lake Elsinore Unified School District (Edwards)
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
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)
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
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
2371E National Education Association-Jurupa (Norman)
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
Permanent teacher dismissal proceedings are governed exclusively by the Education Code, and are beyond the scope of negotiations under EERA. Therefore, it was legally impossible for permanent teacher dismissal proceedings to be a term and condition contained in a CBA between the District and exclusive representative. Therefore, exclusive representative owed no duty of fair representation in the statutory teacher dismissal procedure. more or view all topics or full text.
3815604/18/14
2397E Fremont Unified School District
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
In order for a position to be certificated, it must require certification as defined by the Education Code. A Board Certified Behavior Analyst license was not intended to substitute for a credential issued by the State. “Certificated person” is one who possesses a credential or certificate issued by some arm of the state, not a non-state actor. The behavior intervention and assessment functions of the behavioral intervention specialist may be provided by professionals who do not possess a California Commission on Teacher Credentialing or county-issued credential or certificate. more or view all topics or full text.
396311/14/14
2054E Conejo Valley Unified School District
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
Use of District Mail System/Equipment. 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
1772E San Leandro Unified School District
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
Use of District Mail System/Equipment. 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
1467E San Diego Community College District
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
Use of District Mail System/Equipment. 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
1006E Gonzales Union High School District
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
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.
172411906/25/93
0868E Whisman Elementary School District
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
Volunteer aides-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.
152204302/14/91
0857E North Orange County Regional Occupational Program * * * SUPERCEDED by amendment to EERA section 3540.1, subdivision (k), Stats. 1999, Ch. 828
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
Ed. Code 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.
152201012/17/90
0839E Santa Clara County Office of Education
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
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.
142117809/18/90
0786E McFarland Unified School District
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
Nonreelection, even though Ed. Code section 44882 (now 44929.21 (b)) 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. (1991) 228 Cal.App.3d 166.) more or view all topics or full text.
142103401/03/90
0667E Oxnard School District (Gorcey and Tripp)
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
Board discussed Ed. Code section 45028 dealing with salaries of certificated employees. more or view all topics or full text.
121908005/26/88
0625E Fountain Valley Elementary School District
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
Instructional minutes (SB 813). Nonmandatory provision does not provide business necessity defense. more or view all topics or full text.
111811506/23/87
0543E San Mateo Community College District
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
87833 (provision regarding revocation of payroll deduction authorizations inapplicable where authorizations revoked by operation of law due to decertification of exclusive rep.) more or view all topics or full text.
101701512/13/85
1206E San Ysidro School District (California School Employees Association and Its San Ysidro Chapter #154))
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
Education Code provisions which give District authority to create positions and assign employees to those positions does not encompass the right to reduce the number of hours in a vacant position based on labor cost considerations; p. 9, proposed dec. more or view all topics or full text.
212812206/23/97
0374E Azusa Unified School District
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
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.
81501812/30/83
0371E Mammoth Unified School District
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
Discipline - Education Code authorized discipline short of dismissal and contract incorporated the District's authority under this section; p. 8. (35160) more or view all topics or full text.
81501512/29/83
0368E San Diego Community College District
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
Evaluation (87607) Tenure decision (87608, 87609) Notice of decision and reasons (section 87610) Portion of retroactive 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. more or view all topics or full text.
81500912/22/83
0360E Arcohe Union School District
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
Custodial services mandated by Education Code 45103 does not preclude bargaining. more or view all topics or full text.
71429411/23/83
0337E Kern Community College District
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
Reduction of services or positions. Absent additional evidence, Board will not find that employer's distribution of mandate layoff notices pursuant to Ed. Code 87743 constitutes a refusal to negotiate. more or view all topics or full text.
71422908/19/83
0326E Oakland Unified School District
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
While Ed. Code 45117(c) pertains to layoff of classified employees, notices and timing of layoff are negotiable effects and are not precluded by Ed. Code; p. 30. more or view all topics or full text.
71419507/11/83
0322E Alum Rock Union Elementary School District
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
Education Code 45101(e) helps define reassignment to encompass the movement of employee from existing classification to a different or newly created classification. more or view all topics or full text.
71418406/27/83
0266E Brawley Union High School District
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
Number of salary payments during school year (p. 7) - section 45038 does not preclude negotiations over lump-sum salary payments. more or view all topics or full text.
71402012/21/82
0254E San Ramon Valley Unified School District
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
Use of District funds/facilities to support passage of school measure. Ed. Code 7054 does not preclude distribution of union in newspaper including article on statewide ballot measure. more or view all topics or full text.
61325010/29/82
0255E San Bernardino City Unified School District
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
Procedures for discipline negotiable despite Ed. Code section 44932. more or view all topics or full text.
61324910/29/82
0250E Holtville Unified School District
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
Employee attaining the age of 70 - 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
0252E Los Angeles Community College District
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
Shift differentials to be paid on basis of seniority. more or view all topics or full text.
61324110/18/82
0098E Gilroy Unified School District
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
Permit teachers - Relying on Ed. Code sec. 8366, the Board held that "permit teachers" are certificated employees; Board distinguished Oakland #15; pp. 9-10. Certificated employees - Ed. Code sec. 45256(a) excludes from classified service any positions requiring certification and Ed. Code section 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.
31010107/20/79
0040E Sonoma County Office of Education
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
(Personnel Comm./Salary) 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.
158811/23/77
0947E Palomar Community College District
1500.3000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
Supervisory status of community college department chairpersons established by application of Dills Act test to EERA provisions and Ed. Code sec. 87610.1(e); pp. 4-5; pp. 22-24, proposed dec. more or view all topics or full text.
162311107/14/92