Decision 1492E – Monterey Peninsula Community College District

SF-CE-2246-E

Decision Date: July 31, 2002

Decision Type: PERB Decision

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Perc Vol: 26
Perc Index: 33104

Decision Headnotes

100.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA
100.01000 – In General

Since Waymire lacks standing to invoke the protection of EERA, the Board lacks jurisdiction over the charge.

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.