Decision 2040E – San Francisco Unified School District

SF-CE-2742-E

Decision Date: June 23, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 114

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

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.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
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.