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.
Perc Vol: 29
Perc Index: 145
Decision Headnotes
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.
401.09000 – 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.
1500.03000 – 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.
1500.02000 – 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.