Decision 0868E – Whisman Elementary School District

Although PERB's interpretation of EERA entitled to deference, ultimate responsibility to interpret statutes rests with the courts; p. 20.

While PERB has no jurisdiction to enforce provisions of the Education Code, it has jurisdiction to interpret the Education Code as necessary to carry out its duty to administer EERA; p. 13. Where EERA and the Education Code address same or similar subjects, the Board seeks a resolution which harmonizes the legislative intent underlying both; p. 13.

Although PERB's interpretation of EERA entitled to deference, ultimate responsibility to interpret statutes rests with the courts; p. 20.

Unilateral acts of subcontracting and transfer of work have been analyzed differently by the Board; p. 12. Contracting out refers to a transfer of unit work to those not in the employ of the employer in question; p. 12. Transfer of work involves a transfer of unit work to nonunit employees of the same employer; p. 12.

Unilateral acts of subcontracting and transfer of work have been analyzed differently by the Board; p. 12. Contracting out refers to a transfer of unit work to those not in the employ of the employer in question; p. 12. Supplier of volunteer labor akin to second employer for purposes of subcontracting analysis because its agent recruits volunteers and supplies them to the school at scheduled times; pp. 12-13. Where Education Code section 35021 expresses legislative intent to limit those circumstances where a volunteer aide will be found to be an employee of the District, transfer of work to volunteers analyzed under subcontracting analysis; pp. 13-14. Where District had no intention of reinstating tutorial program which utilized unit members at the point when it was lawfully terminated, and where a similar program was initiated several years later with utilized unit members at the point when it was lawfully terminated, and where a similar program was initiated several years later with

While PERB has no jurisdiction to enforce provisions of the Education Code, it has jurisdiction to interpret the Education Code as necessary to carry out its duty to administer EERA; p. 13. Where EERA and the Education Code address same or similar subjects, the Board seeks a resolution which harmonizes the legislative intent underlying both; p. 13.

Public school employers maintain managerial prerogative to determine what curriculum and programs will be offered within their facilities; p. 19.

Unilateral acts of subcontracting and transfer of work have been analyzed differently by the Board; p. 12. Transfer of work involves a transfer of unit work to nonunit employees of the same employer; p. 12. Where Education Code section 35021 expresses legislative intent to limit those circumstances where a volunteer aide will be found to be an employee of the District, transfer of work to volunteers analyzed under subcontracting analysis; pp. 13-14.

Where there is no evidence in the record which supports overturning credibility determinations made by ALJ, Board will defer to ALJ's findings in this regard; p. 11, fn. 4.

Board will not address argument which was not raised by the parties before the ALJ; p. 20.

Rule of statutory construction states that expression of certain things in a statute necessarily involves the exclusion of other things not expressed; p. 13. Where EERA and the Education Code address same or similar subjects, the Board seeks a resolution which harmonizes the legislative intent underlying both; p. 13.

While PERB has no jurisdiction to enforce provisions of the Education Code, it has jurisdiction to interpret the Education Code as necessary to carry out its duty to administer EERA; p. 13. Where EERA and the Education Code address same or similar subjects, the Board seeks a resolution which harmonizes the legislative intent underlying both; p. 13.

Where Education Code section 35021 expresses legislative intent to limit those circumstances where a volunteer aide will be found to be an employee of the District, transfer of work to volunteers analyzed under subcontracting analysis; pp. 13-14.

Volunteer aides-where Education Code section 35021 expresses legislative intent to limit those circumstances where a volunteer aide will be found to be an employee of the District, transfer of work to volunteers analyzed under subcontracting analysis; pp. 13-14.