Decision 1138Eb – Barstow Unified School District

LA-CE-3396

Decision Date: March 20, 1997

Decision Type: PERB Decision

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Perc Vol: 21
Perc Index: 28068

Decision Headnotes

100.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA
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.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
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.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1407.00000 – GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION
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.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
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.