Decision 1240E – Fremont Unified School District
SF-CE-1809
Decision Date: December 4, 1997
Decision Type: PERB Decision
Description: District appealed proposed decision finding it had violated EERA by unilaterally changing its past practice for rehiring temporary teachers without providing union notice and an opportunity to negotiate.
Disposition: Violation found. District ordered to restore status quo at request of Union and make employees whole, including offer of re-employment.
Perc Vol: 22
Perc Index: 29026
Decision Headnotes
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
The Board finds that Education code does not preempt the provisions of the parties' agreement because there is no conflict between the Ed. code's grant of discretion and the contractual provisions which set forth the procedure through which the District may exercise that discretion; p. 6.
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
The Board may interpret the Education Code only for purposes of adjudicating unfair practices (citation); p. 22, proposed dec.
602.01000 – In General
Abandoning contractual rehire procedures without notice or an opportunity to meet and confer is per se refusal to negotiate; p. 7. Where contract provision is clear and unambiguous, Board finds it unnecessary to discuss past practice; p. 5, note 5.
602.02000 – Prior Notice and Opportunity to Bargain
Abandoning contractual rehire procedures without notice or an opportunity to meet and confer is per se refusal to negotiate; p. 7.
602.03000 – Change In Policy
Abandoning contractual rehiring procedures without notice or an opportunity to meet and confer is per se refusal to negotiate; p. 7. Where contract provision is clear and unambiguous, Board finds it unnecessary to discuss past practice; p. 5, note 5.
1000.02060 – Hiring
Procedure for rehiring temporary teachers is within the scope of representation; pp. 36-37, proposed dec.
1000.02116 – Re-employment Rights
Procedure for rehiring temporary teachers is within the scope of representation; pp. 36-37, proposed dec.
1404.01000 – In General
Where contract provisions are clear and ambiguous, discussion of past practice and bargaining history is unnecessary; p. 5, note 5.
1404.03000 – General Principles of Contract Interpretation
Where contract provisions are clear and ambiguous, discussion of past practice and bargaining history is unnecessary; p. 5, note 5. The Board finds that Education code does not preempt the provisions of the parties' agreement because there is no conflict between the Ed. code's grant of discretion and the contractual provisions which set forth the procedure through which the District may exercise that discretion; p. 6.