Decision 1772E – San Leandro Unified School District

SF-CE-2447-E

Decision Date: June 28, 2005

Decision Type: PERB Decision

Description:  The charge failed to state a prima facie case.  A union may not use school district mail facilities (i.e. mailboxes) to distribute political materials, regardless of who pays for the materials or when they were distributed.

Disposition:  The Board agent’s dismissal was upheld and adopted as a decision of the Board.

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Perc Vol: 29
Perc Index: 145

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

Education Code section 7054 supersedes access rights under EERA; therefore, a union may not use school district mail facilities to distribute newsletters containing political endorsements.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.09000 – Mail Systems

Education Code section 7054 supersedes access rights under EERA; therefore, a union may not use school district mail facilities to distribute newsletters containing political endorsements.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.03000 – Education Code Sections Considered by PERB (By Subject)

Use of District Mail System/Equipment. Education Code section 7054 supersedes access rights under EERA; therefore, a union may not use school district mail facilities to distribute newsletters containing political endorsements.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.02000 – Education Code Sections Considered by PERB (By Number)

Section 7054; Education Code section 7054 supersedes access rights under EERA; therefore, a union may not use school district mail facilities to distribute newsletters containing information regarding the union’s political endorsements.