201608.12
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August 2016 Newsletter – Community College Districts

PERB Clarifies Employer’s Obligation to Respond to Union Requests for Information in a Timely Manner K-12 schools and community colleges engaged in collective bargaining must provide relevant information to the union upon request without an unreasonable delay. In Petaluma City Elementary School District (2016) PERB Decision No. 248, PERB provided guidance as to when an…

201608.01
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August 2016 Newsletter – School Districts

PERB Clarifies Employer’s Obligation to Respond to Union Requests for Information in a Timely Manner K-12 schools and community colleges engaged in collective bargaining must provide relevant information to the union upon request without an unreasonable delay. In Petaluma City Elementary School District (2016) PERB Decision No. 248, PERB provided guidance as to when an…

201607.08
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July 2016 Newsletter – School Districts

Court Reminds District that Disciplinary Documents Are Subject to Disclosure under the CPRA Internal disciplinary documents may not be confidential, especially when they involve high ranking employees in matters of public concern. In Caldecott v. Superior Court (2015) 243 Cal. App. 4th 212, a school district fired its executive director of human resources a few…

201607.01
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July 2016 Newsletter – Community College Districts

Court of Appeals Clarifies Rights of Adjunct Faculty with Preferential Status A recent court of appeals decision discussed the distinctions between a community college district’s right to release adjunct faculty at will and the preferential status some districts afford to adjunct faculty under the CBA. In Santa Monica College Faculty Association v. Santa Monica Community…

201605.06
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May 2016 Newsletter – School Districts

PERB Clarifies Who Can Serve As Employee Representative During Discipline Meetings The EERA guarantees K-12 and community college employees the right to be represented by “organizations of their own choosing… on all matters of employer-employee relations.” The EERA further guarantees the employee’s exclusive representative the right to represent its members. These rights extend to investigative…

201605.06
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May 2016 Newsletter – Community College Districts

Recent Federal Court Of Appeals Opinion Clarifies When A College May Discipline A Student For Speech That Tends To Harass Or Intimidate In the recent Ninth Circuit Court of Appeals Decision in O’Brien v. Welty, a politically active student at Fresno State University verbally confronted several professors about their political activism. The confrontation occurred outside…