Decision 0255E – San Bernardino City Unified School District

LA-CE-509

Decision Date: October 29, 1982

Decision Type: PERB Decision

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Perc Vol: 6
Perc Index: 13249

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.01000 – In General

Negotiability of a proposal is not precluded by the Education Code, so long as the proposal does not directly conflict with the Code; pp. 8-9 Unless language in the Education Code clearly evidences an intent to set an inflexible standard or insure immutable provisions, the negoti- ability of a proposal is not precluded; p. 9.

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

Education Code sections 44932, et seq., governing dismissal of certificated employees, does not set forth a specific mandated criteria, and does therefore not preclude the negotiation of reasonable regulations; pp. 9-10. Negotiability of a proposal is not precluded by the Education Code, so long as the proposal does not directly conflict with the Code; pp. 8-9 Unless language in the Education Code clearly evidences an intent to set an inflexible standard or insure immutable provisions, the negotiability of a proposal is not precluded; p. 9.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.05000 – Past Practice; Maintenance of Status Quo

Status quo against which an employer's conduct is evaluated must take into account the regular and consistent past conditions of employment; change consistent with past practices are lawful; p. 12.

1000.00000 – SCOPE OF REPRESENTATION
1000.02030 – Disciplinary Procedures

Disciplinary Procedures (Rules of Conduct potentially resulting in an employee's discipline) are negotiable as to procedure; p. 11.

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

44932 et seq. does not preclude negotiations of reasonable regulations re: disciplinary procedure.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.03000 – Education Code Sections Considered by PERB (By Subject)

Procedures for discipline negotiable despite Ed. Code section 44932.

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

Negotiability of a proposal is not precluded by the Education Code, so long as the proposal does not directly conflict with the Code; pp. 8-9 Unless language in the Education Code clearly evidences an intent to set an inflexible standard or insure immutable provisions, the negotiability of a proposal is not precluded; p. 9.

1000.00000 – SCOPE OF REPRESENTATION
1000.02133 – Sign-in/Sign-out Policy

A rule that prohibits employees from leaving the work site without permission of the supervisor is within the scope of representation and may not be unilaterally changed by the employer.

1000.00000 – SCOPE OF REPRESENTATION
1000.02081 – Lesson Plans

A rule requiring teachers to complete and make available lesson plans as directed by the supervisor is within the scope of representation and may not be unilaterally changed by the employer.