Decision 0688E – San Francisco Community College District  * * * ANNULLED by United Public Employees v. PERB (1989) 213 Cal.App.3d 1119

SF-CE-1114

Decision Date: June 27, 1988

Decision Type: PERB Decision

 * * * ANNULLED by United Public Employees v. PERB (1989) 213 Cal.App.3d 1119  * * *

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Perc Vol: 12
Perc Index: 19116

Decision Headnotes

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

Sections 88000, 88137. Reverses PERB Order Ad-153, these code sections do not create a joint employer between the San Francisco CCD and the City and County of San Francisco. Annulled by 213 Cal.App.3d 1119. San Francisco CCD only has authority to fix duties for its classified employees.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

Reverse PERB Order Ad-153, PERB has no jurisdiction over classified employees of San Francisco CCD. Annulled by 213 Cal.App.3d 1119. PERB as an administrative agency has only those powers conferred on it by constitution or statute.

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
201.04000 – Joint, Single or Dual Employers

Reiterates test from Alameda #323 + NLRB cases and adopts test from Herbert Harvey. San Francisco CCD is not an employer under EERA for its classified employees. Annulled by 213 Cal.App.3d 1119.

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.01000 – In General

Classified employees of San Francisco CCD are not employees under EERA. Annulled by 213 Cal.App.3d 1119.