Decision 0924E – Santa Maria-Bonita School District

LA-CE-3119

Decision Date: February 24, 1992

Decision Type: PERB Decision

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Perc Vol: 16
Perc Index: 23042

Decision Headnotes

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.07000 – Discharge; Layoffs; Constructive Discharge; Rejection During Probation

A school district may not use nonreemployment under Education Code 44929.21 as a means of retaliation for protected activity.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

District fails to provide dismissal hearing. No unilateral change found where contract does not address procedures for nonreemployment of probationary employees.

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession

Collective bargaining agreement procedures for nonreemployment of probationary employees preempted by the Education and Government Codes. Education Code section 44929.21 governs procedures for not reemploying probationary employees for the ensuing school year.

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

44929.21. Collective bargaining agreement procedures for nonreemployment of probationary employees preempted by the Education and Government Codes.