Decision 0255E – San Bernardino City Unified School District
LA-CE-509
Decision Date: October 29, 1982
Decision Type: PERB Decision
Perc Vol: 6
Perc Index: 13249
Decision Headnotes
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.
101.02000 – 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.
608.05000 – 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.
1000.02030 – Disciplinary Procedures
Disciplinary Procedures (Rules of Conduct potentially resulting in an employee's discipline) are negotiable as to procedure; p. 11.
1500.02000 – Education Code Sections Considered by PERB (By Number)
44932 et seq. does not preclude negotiations of reasonable regulations re: disciplinary procedure.
1500.03000 – Education Code Sections Considered by PERB (By Subject)
Procedures for discipline negotiable despite Ed. Code section 44932.
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.
1000.02133 – 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.
1000.02081 – 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.