Decision 2054E – Conejo Valley Unified School District

LA-CE-5000-E

Decision Date: July 27, 2009

Decision Type: PERB Decision

Description: The charge alleged that the Conejo Valley Unified School District violated the Educational Employment Relations Act (EERA) by prohibiting the use of District mailboxes to distribute information regarding the union’s political endorsements.

Disposition: The Board upheld the dismissal of the charge, finding that the Education Code supersedes EERA and prohibits the use of school facilities to distribute newsletters containing political endorsements.

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Perc Vol: 33
Perc Index: 136

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
1500.02000 – Education Code Sections Considered by PERB (By Number)

Section 7054 of the Education Code 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.

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.