Decision 2040E – San Francisco Unified School District
Decision Date: June 23, 2009
Decision Type: PERB Decision
Description: UESF alleged that the District violated the Education Code and made an unlawful unilateral change by failing to classify certain teachers as probationary employees.
Disposition: The Board affirmed the Board agent’s dismissal of the charge. The Board had no jurisdiction to consider the alleged Education Code violation. The subject of teacher classification is governed by mandatory provisions of the Education Code and thus is not within the scope of representation under EERA. Accordingly, the District’s alleged breach of an agreement to classify certain teachers as probationary employees was not an unlawful unilateral change.
Perc Vol: 33
Perc Index: 114
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
Classification of certificated employees is governed by mandatory provisions of the Education Code and thus is not within the scope of representation under EERA. School district’s failure to abide by agreement with employee organization to classify certain teachers as probationary employees did not constitute an unlawful unilateral change because the agreement did not concern a matter within the scope of representation.
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
PERB lacked jurisdiction over allegation that school district violated the Education Code by misclassifying certain teachers as temporary or substitute employees.