Decision 2054E – Conejo Valley Unified School District

LA-CE-5000-E

Decision Date: July 27, 2009

Decision Type: PERB Decision

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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.