Decision 1438E – San Francisco Unified School District
SF-CE-2015-E
Decision Date: May 22, 2001
Decision Type: PERB Decision
Description: The Board dismissed the charge, which alleged that the employer violated the EERA when it unilaterally changed terms and conditions of employment at a charter school. The charge was dismissed on the grounds that PERB lacks jurisdiction over this type of charge.
Disposition: Dismissed. PERB lacks jurisdiction because at the time the complaint issued, the EERA did not apply to school districts creating charter schools or the ongoing operation of those charter schools.
Perc Vol: 25
Perc Index: 32071
Decision Headnotes
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
No unilateral change because at the time complaint issued in this case, the EERA did not apply to school districts creating charter schools or the ongoing operation of those charter schools. PERB therefore lacks jurisdiction over employees at a charter school even when those employees are still employees of the school district.
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
No unilateral change because at the time complaint issued in this case, the EERA did not apply to school districts creating charter schools or the ongoing operation of those charter schools. PERB therefore lacks jurisdiction over employees at a charter school even when those employees are still employees of the school district.
201.01000 – In General
No unilateral change because at the time complaint issued in this case, the EERA did not apply to school districts creating charter schools or the ongoing operation of those charter schools. PERB therefore lacks jurisdiction over employees at a charter school even when those employees are still employees of the school district.