Decision 1138Eb – Barstow Unified School District
LA-CE-3396
Decision Date: March 20, 1997
Decision Type: PERB Decision
Description: Board reconsidered its decision that contracting out pupil transportation services by District was not unlawful.
Disposition: District’s action was not prohibited by the Education code and was not unlawful.
Perc Vol: 21
Perc Index: 28068
Decision Headnotes
100.03000 – Purpose of the Act
The fundamental purpose of EERA is to provide for and foster collective bargaining between school district employers and their employees on matters within the scope of representation; p. 23.
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
PERB has exclusive initial jurisdiction over conduct that arguably violates EERA; p. 13; A party must exhaust their PERB administrative remedies when: (1) the conduct complained of arguably violates EERA; (2) PERB may furnish relief equivalent to that available in court; and (3) PERB has exclusive initial jurisdiction over remedies for conduct arguably violating EERA; p. 13.
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
While PERB may not enforce the Education Code, the Board may interpret the Education Code to carry out its duty to administer EERA; p. 13, 23. When unlawful conduct allegedly violates both the Education Code and EERA, the Board may determine whether the action constitutes an unfair practice; p. 14. When the Parties' collective bargaining agreement allowed the District to contract out work that may be lawfully contracted for, the Board's exclusive initial jurisdiction required it to decide whether the Education Code prohibited the District from contracting out pupil transportation services; p. 14. When EERA and the Education Code address similar subjects, the Board seeks an interpretation that harmonizes EERA's underlying provisions with the Education Code provisions; p. 23. seeks an interpretation that harmonizes EERA's underlying provisions with the Education Code provisions; p. 23.
1000.02026 – Contracting Out
EERA's mandatory subjects of bargaining include the employer's decision to contract out work to reduce labor costs; p. 23.
1407.01000 – General Principles
If language is not ambiguous, the plain meaning of the language governs its interpretation. Every work should be given meaning leaving no part as surplus. Repeals by implication are not favored and will not be found if statutes can be rationally harmonized; pp. 17-18.
1500.02000 – Education Code Sections Considered by PERB (By Number)
Ed. Code section 39800 permits contrating out of transportation services in merit system school districts despite the restrictions of Ed. Code section 45241.