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

* * * 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.

100.00000 – 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

* * * 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.

607.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT
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.

102.00000 – 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

* * * 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.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
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).

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
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.

607.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DUTY TO CONSULT
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.