Decision 0219E – Solano County Community College District

SF-CE-337

Decision Date: June 30, 1982

Decision Type: PERB Decision

Perc Vol: 6
Perc Index: 13154

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02147 – Transfer of Work Out of Unit

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.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.05000 – Impact and Extent

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.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.12000 – Concurrent or Derivative Violations

Unilateral transfer of unit work concurrently deprives employees of representation by their union. Violation of 3543.5(a); p. 9.

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

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 circum- stances.

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

In readopting the supercession 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.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.02000 – Education Code Sections Considered by PERB (By Number)

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.