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 * * *
Perc Vol: 1
Perc Index: 369
Decision Headnotes
100.01000 – In General
* * * OVERRULED IN PART ON OTHER GROUNDS by Carlsbad Unified School District (1979) PERB Decision No. 89 and Los Angeles Unified School District (1983) PERB Decision No. 285. * * *
EERA unfair practice provisions can resolve violations occurring after April 1, 1976.
100.02000 – Retroactive Application
EERA unfair practice provisions can resolve violations occurring after April 1, 1976.
103.01000 – In General
* * * OVERRULED IN PART ON OTHER GROUNDS by Carlsbad Unified School District (1979) PERB Decision No. 89 and Los Angeles Unified School District (1983) PERB Decision No. 285. * * *
Constitutional validity of EERA will be left to judiciary.
607.01000 – In General
* * * OVERRULED IN PART by Los Angeles Unified School District (1983) PERB Decision No. 285, where the Board held that a public school employer has a duty under EERA to consult with a non-exclusive representative. * * *
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.
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
* * * OVERRULED IN PART ON OTHER GROUNDS by Carlsbad Unified School District (1979) PERB Decision No. 89 and Los Angeles Unified School District (1983) PERB Decision No. 285. * * *
EERB's jurisdiction is limited to cases under EERA and no authority for alleged violations of the Winton Act.
501.01000 – In General; Elements of Prima Facie Case
* * * OVERRULED IN PART by Carlsbad Unified School District (1979) PERB Decision No. 89, where the Board held that intent to interfere with protected rights is not required to establish an interference violation under EERA section 3543.5(a). * * *
Intent to discriminate required to find a violation of 3543.5(a).
400.01000 – In General; Standards
* * * OVERRULED IN PART ON OTHER GROUNDS by Carlsbad Unified School District (1979) PERB Decision No. 89 and Los Angeles Unified School District (1983) PERB Decision No. 285. * * *
Employer's conduct must have the natural and probable consequences of interfering with employee's rights to state a violation.
607.02000 – With Nonexclusive Representatives
* * * OVERRULED IN PART by Los Angeles Unified School District (1983) PERB Decision No. 285, where the Board held that a public school employer has a duty under EERA to consult with a non-exclusive representative. * * *
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.