Decision 0134E – San Ysidro School District
LA-CE-212
Decision Date: June 19, 1980
Decision Type: PERB Decision
Perc Vol: 4
Perc Index: 11105
Decision Headnotes
401.10000 – Released Time
Reneging on release time which had already been agreed to was a 3543.5(c) violation and concurrently a 3543.5(a) violation because it interfered with employees right to meet and negotiate; conduct also concurrently violated 3543.5(b); p. 14.
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
PERB has exclusive initial jurisdiction over unfair practices even if they involve teacher discipline and dismissal; pp. 11-12.
602.03000 – Change In Policy
District unlawfully repudiated agreement to provide one days release time for teacher-negotiators, this conduct along with other conduct was sufficient to give rise to a section 3543.5(c) violation; pp. 13-14.
606.01000 – In General
Distinction between hard bargaining and surface bargaining is fine one; District did not engage in surface bargaining where it met and discussed ground rules all day; agreement does not have to be reached; pp. 14-16.
1201.02000 – Reinstatement
Reinstatement and back pay appropriate where some conduct protected and some not; pp. 19-20.
1201.03000 – Back Pay; Interest
Reinstatement and back pay appropriate where some conduct protected and some not; pp. 19-20.
1103.12000 – Concurrent or Derivative Violations
Reneging on release time which had already been agreed to was a 3543.5(c) violation and concurrently a 3543.5(a) violation because it interfered with employees right to meet and negotiate; conduct also concurrently violated 3543.5(b); p. 14.