Decision 0924E – Santa Maria-Bonita School District
Decision Date: February 24, 1992
Decision Type: PERB Decision
Perc Vol: 16
Perc Index: 23042
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.
602.03000 – 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.
101.02000 – 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.
1500.02000 – 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.