Decision 0077E – Peralta Community College District

SF-R-501

Decision Date: November 17, 1978

Decision Type: PERB Decision

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Perc Vol: 2
Perc Index: 2214

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.09000 – Retroactive Effect of Changes in Board Rulings

Reevaluation of sec. 3545 prospective only to avoid interfering with units already established under Belmont No. 7 or Petaluma No. 9; pp. 19-20.

1407.00000 – GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION
1407.02000 – Amendments to Statute

Amendments affecting unrelated sections, or even reenactment of language will not be construed to approve or condone an administrative agency's prior erroneous interpretation of a statute; p. 13.

1407.00000 – GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION
1407.01000 – General Principles

Purpose of statute presumed to be preserved; interpretation should not ascribe to Legislature the commission of a meaningless act; p. 8. Rejected bills have little value as evidence of legislative intent; p. 12.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.08000 – Classroom Teachers

Reading 3545(b) together with 3545(a) gives rise to the presumption that all teachers are to be placed in a single unit save where the criteria of the latter section cannot be met; the burden of proving the inappropriateness of a comprehensive teachers' unit is on those opposing it; p. 10.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.03000 – Community of Interest

Skills center teachers sufficiently lacking in community of interest to justify exclusion from overall certificated union, as interests of the two groups are sufficiently disparate that the negotiating process might be seriously impeded by internal disruption; pp. 15-19.