Decision A153E – San Francisco Community College District (Barnes)

SF-CE-884

Decision Date: May 1, 1986

Decision Type: PERB Decision

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Perc Vol: 10
Perc Index: 17090

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

Neither Section 88000 nor 88137 of the Education Code exempts the District from the requirements of EERA. Therefore, the District and its classified employees are not subject solely to the charter; pp. 10-11. (Petition dismissed.)

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.02000 – Education Code Sections Considered by PERB (By Number)

(88000) (88137) Neither Section 88000 nor 88137 of the Education Code exempts the District from the requirements of EERA. Therefore, the District and its classified employees are not subject solely to the charter; pp. 10-11. (88137) As section 88137 of the Education Code states that the governing board of the District shall have the right to fix the duties of its employees, the District has the authority to direct the classified employees in their work; p. 12.

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
201.04000 – Joint, Single or Dual Employers

District is not a mere department of the city but functions under the law as an independent entity and operates a public school system; pp. 6, 9. It is a well established concept in labor law that an employee may have more than one employer controlling his or her term of employment; p. 14. Joint employer relationship exist where city controls fundamental matters of wages and hours and District controls the power to fix and assign duties of classified employees; pp. 16, 19. As section 88137 of the Education Code states that the governing board of the District shall have the right to fix the duties of its As section 88137 of the Education Code states that the governing board of the District shall have the right to fix the duties of its