Decision 0022E – San Dieguito Union High School District * * * OVERRULED IN PART by Carlsbad Unified School District (1979) PERB Decision No. 89, and also OVERRULED IN PART by Los Angeles Unified School District (1983) PERB Decision No. 285

LA-CE-1

Decision Date: September 2, 1977

Decision Type: PERB Decision

* * * OVERRULED IN PART by Carlsbad Unified School District (1979) PERB Decision No. 89, and also OVERRULED IN PART by Los Angeles Unified School District (1983) PERB Decision No. 285 * * *

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Perc Vol: 1
Perc Index: 369

Decision Headnotes

100.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA
100.01000 – In General

EERA unfair practice provisions can resolve violations occurring after April 1, 1976.

100.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA
100.02000 – Retroactive Application

EERA unfair practice provisions can resolve violations occurring after April 1, 1976.

103.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA
103.01000 – In General

Constitutional validity of EERA will be left to judiciary.

607.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT
607.01000 – In General

No duty to consult with non-exclusive representative under EERA. Consult means employer must consider proposals but is not bound to attempt in good faith to reach a negotiated written agreement.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes

EERB's jurisdiction is limited to cases under EERA and no authority for alleged violations of the Winton Act.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Intent to discriminate required to find a violation of 3543.5(a).

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
400.01000 – In General; Standards

Employer's conduct must have the natural and probable consequences of interfering with employee's rights to state a violation.

607.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT
607.02000 – With Nonexclusive Representatives

No duty to consult with non-exclusive representative under EERA. Consult means employer must consider proposals but is not bound to attempt in good faith to reach a negotiated written agreement.