Decision 0741E – Hacienda La Puente Unified School District * * * SUPERSEDED by amendment to EERA section 3543.5, subdivision (a) Stats. 1989, Ch. 313

LA-CE-2542

Decision Date: June 16, 1989

Decision Type: PERB Decision

 * * * SUPERSEDED by amendment to EERA section 3543.5, subdivision (a) Stats. 1989, Ch. 313 * * *

View Full Text (PDF)

Perc Vol: 13
Perc Index: 20129

Decision Headnotes

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

* * * SUPERSEDED by Stats. 1989, ch. 313, § 2, which amended EERA section 3543.5(a) to explicitly state that EERA’s prohibitions against discrimination and interference with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. * * *

Failure to rehire an individual is not a violation of EERA when the person is not an employee at the time of seeking reemployment and thus lacks standing to invoke the protection of EERA; p. 2.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

* * * SUPERSEDED by Stats. 1989, ch. 313, § 2, which amended EERA section 3543.5(a) to explicitly state that EERA’s prohibitions against discrimination and interference with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. * * *

An individual seeking reemployment is not an employee under EERA and thus lacks standing to invoke the protection of the Act; p. 2.