Decision 1467E – San Diego Community College District

LA-CE-4217-E

Decision Date: November 28, 2001

Decision Type: PERB Decision

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Perc Vol: 26
Perc Index: 33014

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

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.

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
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.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
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.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
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.