201709.01
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September 2017 Newsletter – Community College Districts

Public Employers, the Union and New Hires A recently signed law has two requirements affecting public employers, including educators. Specifically, Government Code Sections 3555 through 3559 which require an employer to give a union’s exclusive representative access to the employer’s new hire orientations. Also, the employer must provide to the union certain job-related, as well…

201706.05
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June 2017 Newsletter – Community College Districts

New Regulations Limit Use of Criminal Background Information in Hiring and Continued Employment The California Fair Employment and Housing Council (FEHC), the agency regulating employment and housing discrimination, recently published new regulations on use of criminal history in employment decisions scheduled to go into effect on July 1, 2017. The new regulations prohibit California employers…

201705.02
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May 2017 Newsletter – Community College Districts

PERB Allows Pre-Hearing Motions to Dismiss Under Limited Circumstances In the recent case before the Public Employment Relations Board (“PERB”), Felicijan v. Santa Ana Unified School District (2017) PERB Decision No. 2514, the PERB examined the circumstances under which an Administrative Law Judge (“ALJ”) could dismiss a case prior to hearing. In this case, in…

201702.03
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February 2017 Newsletter – Community College Districts

Court of Appeal Reviews Reasonable Fees for Public Records Requests A recent Appellate Court opinion helps clarify what fees are reasonable with respect to public records requests. In California Public Records Research Inc. v. County of Yolo (2016 Cal.App Lexis 867), the Third District Court of Appeal upheld the dismissal on summary judgment of claims…

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…

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 – 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…