Decision 0723E – San Bernardino City Unified School District
Decision Date: March 3, 1989
Decision Type: PERB Decision
Perc Vol: 13
Perc Index: 20060
1000.02125 – Salaries or Wages
Sonoma, 102 Cal.App.3d 689, decision's holding that Ed. Code section 45268 does not limit the governing school district board's authority to negotiate changes in salary differentials remains undisturbed by 1981 amendments to Ed. Code section 45256; p. 4.
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
PERB has initial exclusive jurisdiction to enforce statutes it administers, and to interpret the Ed. code as necessary; pp. 2-3.
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
The employer's interpretation of Ed. Code section 45256, i.e., that it no longer has power to make salary adjustments and that power is vested in a personnel commission, conflicts with the mandates of Ed. Code section 45261; pp. 12-13, proposed dec.
1500.02000 – Education Code Sections Considered by PERB (By Number)
Section 45256; 1981 amendment did not overrule Sonoma decision, 102 Cal.App.3d 689; p. 4. Section 45260; Amend at same time as section 45256 supports argument that Sonoma decision, 102 Cal.App.3d 689, was not overruled in 1981; p. 5. Section 45261; Employer's interpretation of 1981 amendment to section 45256, i.e., that it no longer had power to make salary adjustments, conflicts with the unchanged section 45256; pp. 12-13, proposed dec. Section 45268; 1981 amendment to section 45256 did not overrule Sonoma, 102 Cal.App.3d 689 decision's interpretation of section 45268's effect on the scope of bargaining; p. 4.
1500.01000 – In General
PERB has initial exclusive jurisdiction to enforce statutes it administers and to interpret the Ed. Code as necessary; p. 2-3.
1000.01000 – In General; Test for Subjects Not Specifically Enumerated
It is the burden of the charging party to show that a negotiable matter is within scope; p. 6, proposed dec.
1407.01000 – General Principles
Where a statute is subject to two or more reasonable interpretations the interpretation which will harmonize rather than conflict with other provisions should be adopted; p. 13, proposed dec.