Decision 1492E – Monterey Peninsula Community College District
SF-CE-2246-E
Decision Date: July 31, 2002
Decision Type: PERB Decision
Description: Waymire lacked standing to invoke the protection of EERA since he is not a public school employee under EERA section 3540.1(j), because he had not provided services to the District or on the District’s premises, had not received compensation from the District, and had not been under the supervision of the District’s management for several years.
Disposition: The Board dismissed the charge for lack of jurisdiction because Waymire is not a “public school employee” under EERA section 3540.1(j).
Perc Vol: 26
Perc Index: 33104
Decision Headnotes
100.01000 – In General
Since Waymire lacks standing to invoke the protection of EERA, the Board lacks jurisdiction over the charge.
200.01000 – In General
Using the guidelines in Goleta Union School District (1984) PERB Decision No. 391, pp. 15-17, the Board found that Waymire is not a “public school employee” under EERA section 3540.1(j) because he had not provided services to the District or on the District’s premises, received compensation from the District, or been under the supervision of District management since January 22, 1998.
1100.03000 – Standing
Since Waymire is not a “public school employee” as defined in Section 3540.1(j), he lacks standing to invoke the protection of EERA.