Decision 0219E – Solano County Community College District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
SF-CE-337
Decision Date: June 30, 1982
Decision Type: PERB Decision
* * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Perc Vol: 6
Perc Index: 13154
Decision Headnotes
1000.02147 – Transfer of Work Out of Unit
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Decision and effects of decision to transfer work from classified to certificated unit is negotiable because it impacts of wages and hours associated with the transferred-out work, diminishes unit work, and weakens collective strength of employees in the unit; pp. 8-9.
602.05000 – Impact and Extent
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Decision and effects of decision to transfer work from classified to certificated unit is negotiable because it impacts on wages and hours associated with the transferred-out work, diminishes unit work, and weakens collective strength of employees in the unit; pp. 8-9.
1103.12000 – Concurrent or Derivative Violations
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
Unilateral transfer of unit work concurrently deprives employees of representation by their union. Violation of 3543.5(a); p. 9.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
No "supersession" of Education Code applicable. Nothing in Education Code sections 87002, 87400, 88004 prevents District from negotiating with classified unit over decision to transfer out work of tutoring center specialist and off-campus representatives; pp. 12-15. EERA and the Education Code provisions can be harmonized under the circumstances.
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
In readopting the supersession clause of the Winton Act as section 3540 of the EERA, the Legislature is presumed to have knowledge of and acquiesced in the judicial construction given to the provision; p. 14.
1500.02000 – Education Code Sections Considered by PERB (By Number)
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
87002 - No "supersession" of Education Code applicable. Nothing in Education Code sections 87002, 87400, 88004 prevents District from negotiating with classified unit over decision to transfer out work of tutoring center specialist and off-campus representatives; pp. 12-15. EERA and the Education Code provisions can be harmonized under the circumstances.