Decision 1943M – County of Sacramento
SA-CE-387-M; SA-CE-388-M
Decision Date: February 14, 2008
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: 32
Perc Index: 42
Decision Headnotes
605.02000 – Insistence on Nonmandatory/Illegal Subjects (See also Scope of Representation, Sec 1000)
Eligibility criteria for retirement healthcare benefits are within the scope of bargaining.
1000.02121 – Retirement
Eligibility criteria for retirement healthcare benefits are within the scope of bargaining.
1406.00000 – In General
Rescinding the ordinance changing the eligibility requirements does not make the issue moot because the later reversal or rescission of a unilateral action or subsequent negotiation on the subject of a unilateral action does not excuse a violation.