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
1000.02147 – 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.
602.05000 – 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.
1103.12000 – Concurrent or Derivative Violations
Unilateral transfer of unit work concurrently deprives employees of representation by their union. Violation of 3543.5(a); p. 9.
608.07000 – 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.
101.02000 – 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.
1500.02000 – 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.