Decision 0685E – Hacienda La Puente Unified School District  * * * SUPERSEDED by amendment to EERA section 3543.5, subdivision (a) Stats. 1989, Ch. 313

* * * SUPERSEDED ON OTHER GROUNDS by Stats. 1989, ch. 313, § 2. * * *

Act of resignation must fall within 6-month Statute of Limitations period, because District's later acceptance within 6-month period was only a ministerial act.

* * * SUPERSEDED ON OTHER GROUNDS by Stats. 1989, ch. 313, § 2. * * *

For resignation to be constructive discharge - burden imposed upon employee must cause, and be intended to cause, a change in working conditions so difficult and unpleasant as to force him to resign, and burden was imposed because of employee's union activities.

* * * SUPERSEDED by Stats. 1989, ch. 313, § 2, which amended EERA section 3543.5(a) to explicitly state that EERA’s prohibitions against discrimination and interference with employee rights apply to applicants for employment or reemployment. * * *

Applicants for employment are not employees protected by Government Code section 3543.5(a). Note: Statute amended to define applicants as employees.

* * * SUPERSEDED by Stats. 1989, ch. 313, § 2, which amended EERA section 3543.5(a) to explicitly state that EERA’s prohibitions against discrimination and interference with employee rights apply to applicants for employment or reemployment. * * *

Applicants for employment are not employees protected by Government Code section 3543.5(a). Note: Statute amended after decisions.

* * * SUPERSEDED ON OTHER GROUNDS by Stats. 1989, ch. 313, § 2. * * *

Statutory construction used only where term is ambiguous; p. 17.

* * * SUPERSEDED ON OTHER GROUNDS by Stats. 1989, ch. 313, § 2. * * *

Employee organization has standing to allege 3543.5(b) violation where applicant for employment is subject of discrimination.