Decision 1492E – Monterey Peninsula Community College District * * * PARTIALLY OVERRULED by Downey Unified School District (2026) PERB Decision No. 3018 * * *
SF-CE-2246-E
Decision Date: July 31, 2002
Decision Type: PERB Decision
* * * PARTIALLY OVERRULED by Downey Unified School District (2026) PERB Decision No. 3018 * * *
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
*** PARTIALLY OVERRULED BY Downey Unified School District (2026) PERB Decision No. 3018, which held that an employee’s post separation allegations against an employer or a union are actionable if they are integrally tied to the employment relationship and satisfy all other substantive and procedural requirements. ***
Since Waymire lacks standing to invoke the protection of EERA, the Board lacks jurisdiction over the charge.
200.01000 – In General
*** PARTIALLY OVERRULED BY Downey Unified School District (2026) PERB Decision No. 3018, which held that an employee’s post separation allegations against an employer or a union are actionable if they are integrally tied to the employment relationship and satisfy all other substantive and procedural requirements. ***
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
*** PARTIALLY OVERRULED BY Downey Unified School District (2026) PERB Decision No. 3018, which held that an employee’s post separation allegations against an employer or a union are actionable if they are integrally tied to the employment relationship and satisfy all other substantive and procedural requirements. ***
Since Waymire is not a “public school employee” as defined in Section 3540.1(j), he lacks standing to invoke the protection of EERA.
Since Waymire is not a “public school employee” as defined in Section 3540.1(j), he lacks standing to invoke the protection of EERA.