Decision 1467E – San Diego Community College District
LA-CE-4217-E
Decision Date: November 28, 2001
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge. The charge alleged that the employer violated the EERA by prohibiting use of its employee mail system and other equipment for the distribution of political flyers.
Disposition: Dismissed. Education Code section 7054 clearly prohibits the use of school district or community college district funds, services, supplies or equipment for the purpose of urging the support or defeat of any ballot measure or candidate. This language removes the policies at issue from the scope of representation.
Perc Vol: 26
Perc Index: 33014
Decision Headnotes
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
District's prohibition on use of inter-site mail system and photocopying services by union for political purposes is mandated by Education Code section 7054 thus policies prohibiting such use are removed from scope of representation to the extent Section 7054 clearly evidences an intent to set an inflexible standard or insure immutable provisions.
104.03000 – Conclusiveness of Prior Determination by Federal Agencies, Other State Agencies or Courts
Board declined to follow opinion of the Attorney General interpreting Education Code section 7054 because express words of Section 7054 preclude following opinion in context of dispute over use of District mail system and photocopying services by union for political purposes.
401.09000 – Mail Systems
District's prohibition on use of inter-site mail system by union for political purposes is mandated by Education Code section 7054 thus policies prohibiting such use are removed from scope of representation to the extent Section 7054 clearly evidences an intent to set an inflexible standard or insure immutable provisions.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
District's prohibition on use of inter-site mail system and photocopying services by union for political purposes is mandated by Education Code section 7054 thus policies prohibiting such use are removed from scope of representation to the extent Section 7054 clearly evidences an intent to set an inflexible standard or insure immutable provisions.
1000.02002 – Access – Subject of Bargaining
District's prohibition on use of inter-site mail system and photocopying services by union for political purposes is mandated by Education Code section 7054 thus policies prohibiting such use are removed from scope of representation to the extent Section 7054 clearly evidences an intent to set an inflexible standard or insure immutable provisions.
1000.02050 – Equipment (Union Use of Employer Equipment)
District's prohibition on use of inter-site mail system and photocopying services by union for political purposes is mandated by Education Code section 7054 thus policies prohibiting such use are removed from scope of representation to the extent Section 7054 clearly evidences an intent to set an inflexible standard or insure immutable provisions.
1000.02084 – Mail System
District's prohibition on use of inter-site mail system by union for political purposes is mandated by Education Code section 7054 thus policies prohibiting such use are removed from scope of representation to the extent Section 7054 clearly evidences an intent to set an inflexible standard or insure immutable provisions.
1500.02000 – Education Code Sections Considered by PERB (By Number)
Section 7054. District's prohibition on use of inter-site mail system and photocopying services by union for political purposes is mandated by Education Code section 7054 thus policies prohibiting such use are removed from scope of representation to the extent Section 7054 clearly evidences an intent to set an inflexible standard or insure immutable provisions.
1500.03000 – Education Code Sections Considered by PERB (By Subject)
Use of District Mail System/Equipment. District's prohibition on use of inter-site mail system and photocopying services by union for political purposes is mandated by Education Code section 7054 thus policies prohibiting such use are removed from scope of representation to the extent Section 7054 clearly evidences an intent to set an inflexible standard or insure immutable provisions.