Human Resources Academy II for Community College Districts

While a hearing is not required, we note that CDC employees are covered by the EERA, and districts must be careful not to engage in what could be deemed unfair practices. In particular, while the decision to conduct a layoff is an inherent management right, districts will have to bargain the effects of any such layoff with the applicable bargaining unit. 84 Because the classified layoff process applies, it is likely that PERB would apply the same principles to children’s center teachers that it does for classified employees. Since classified employee layoffs are only loosely regulated by the Education Code, PERB has found virtually all “effects” to be negotiable, including: (1) reduction in hours; (2) order of layoff; (3) bumping rights; (4) equal seniority employment rights; (5) voluntary demotions or reductions in hours; (6) retirement in lieu of layoff; (7) reemployment notice; (8) improper layoff; and (9) accrued seniority during layoff. 85 Section 8366 is not entirely silent on layoff procedures, however. First, as noted above, it provides that layoffs may be conducted due to lack of work or lack of funds. Second, it requires that the order of layoff is determined by length of service. Finally, it establishes the relative rights of probationary and permanent permit teachers, in that no permanent employee may be laid off ahead of a probationary employee. Additionally, as discussed below, permanent—but not probationary—permit teachers are afforded reemployment rights. 2. 39-M ONTH R EEMPLOYMENT R IGHTS OF P ERMANENT CDC P ERMIT T EACHERS Education Code section 8366 provides that a permanent children’s center teacher who has been laid off holds reinstatement rights for a period of 39 months from the date of the layoff. Thus, a district must place each “permanent” CDC permit teacher on a 39 month reemployment list. Further, the list must be constructed in the order of length of service. Since the Education Code is silent as to probationary employees, a district is not required to place a “probationary” Center teacher on the 39 month reemployment list.

P ERSONAL S ERVICE C ONTRACTS

Section 8

A. O VERVIEW Education Code section 88003.1 authorizes districts to contract out personal services, but only if certain conditions are met. The requisite conditions depend upon whether the purpose of contracting out is to save costs, or to obtain services that are not generally found within the expertise of the district’s classified service.

Human Resources Academy II for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 46