201706.05
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June 2017 Newsletter – School 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…

201705.01
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May 2017 Newsletter – School 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…

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…

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…