Decision 1240E – Fremont Unified School District

SF-CE-1809

Decision Date: December 4, 1997

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 22
Perc Index: 29026

Decision Headnotes

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

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.

102.00000 – 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

The Board may interpret the Education Code only for purposes of adjudicating unfair practices (citation); p. 22, proposed dec.

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

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

602.00000 – 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

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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02060 – Hiring

Procedure for rehiring temporary teachers is within the scope of representation; pp. 36-37, proposed dec.

1000.00000 – SCOPE OF REPRESENTATION
1000.02116 – Re-employment Rights

Procedure for rehiring temporary teachers is within the scope of representation; pp. 36-37, proposed dec.

1404.00000 – GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION
1404.01000 – In General

Where contract provisions are clear and ambiguous, discussion of past practice and bargaining history is unnecessary; p. 5, note 5.

1404.00000 – GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION
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.