Name that Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

6. I MPACT OF C OLLECTIVE B ARGAINING A GREEMENTS Provisions in collective bargaining agreements governing the rehiring of temporary teachers are not preempted by Education Code. 46 Therefore, districts must be careful not only to comply with Education Code provisions but also with any collective bargaining provisions that may be relevant to the rehiring of temporary teachers. Moreover, even though PERB technically lacks jurisdiction to enforce the Education Code, it does have limited jurisdiction to interpret Education Code provisions that are incorporated into collective bargaining agreements, for purposes of determining whether a unilateral change charge has merit. For instance, PERB has issued opinions that determine whether the Education Code allows a district to contract out transportation and vehicle maintenance services. 47 To do this, it interpreted the phrase “may lawfully be contracted for” provision in a collective bargaining agreement. 48 D. “C ONVERSION ” TO P ROBATIONARY E MPLOYEES Districts must be careful when hiring temporary faculty that it does not allow the temporary employee to convert to probationary status. Remember probationary status is the rule and the District must follow all rules correctly so that the employee fits within the exception. Below are ways that temporary faculty can “convert” to probationary status. 1. E XCEEDING THE N UMBER OF R EGULAR E MPLOYEES ON L EAVE Temporary employees can inadvertently acquire probationary status if the number of temporary employees teaching more than 67 percent of a full-time assignment, exceeds the number of regular employees on leave of absence. 49 2. T EMPORARY E MPLOYEES R EHIRED AS P ROBATIONARY E MPLOYEES Subsequent service as a probationary employee transforms the last year of temporary service into the first year of probationary employment, if the employee served at least 75 percent of the immediately preceding school year in a full-time position. 50 3. T EMPORARY E MPLOYEES C ONVERTED M ID - YEAR Districts may also find themselves with employees that they initially hired as temporary employees, and then converted to probationary status during the year of temporary employment. Where this occurs, districts are allowed—but not required—to use the employee’s first date of paid service in the temporary position as his/her/their seniority date if the combined probationary and temporary service constitutes at least 75 percent of the days the “regular schools of the district were maintained.” 51

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2020 (c) Liebert Cassidy Whitmore 21