Decision 0133E – Jefferson School District

SF-CE-33; CO-6

Decision Date: June 19, 1980

Decision Type: PERB Decision

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Perc Vol: 4
Perc Index: 11117

Decision Headnotes

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

Section 3540 does not prohibit negotiation of issues that are covered in the Ed. Code as long as those provisions are not explicitly precluded by the Ed. Code; the exclusion of provisions which mirror the Ed. Code does not violate the supercession provision of EERA.

1000.00000 – SCOPE OF REPRESENTATION
1000.01000 – In General; Test for Subjects Not Specifically Enumerated

Questionable scope analysis in light of San Mateo v. PERB (1983) 33 Cal 3d 850.

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession

Section 3540 does not prohibit negotiation of issues that are covered in the Ed. Code as long as those provisions are not explicitly precluded by the Ed. Code; the exclusion of provisions which mirror the Ed. Code does not violate the supercession provisions of EERA.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

Section 3540 does not prohibit negotiation of issues that are covered in the Ed. Code as long as those provisions are not explicitly precluded by the Ed. Code; the exclusion of provisions which mirror the Ed. Code does not violate the supercession provision of EERA.

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Section 3540 does not prohibit negotiation of issues that are covered in the Ed. Code as long as those provisions are not explicitly precluded by the Ed. Code; the exclusion of provisions which mirror the Ed. Code does not violate the supercession provision of EERA.