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TABLE OF CONTENTS CPER No. 167 (August 2004)

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Table of Contents Table of Contents    Features Recent Developments in Fair Share Fee Law Affecting Public Sector Employers, Unions and Employees  Jeffrey B. Demain Alternatives to Layoffs  Denyce Holsey   Headliners Disability Retirement Requires Statewide Incapacity  Carol Vendrillo   Recent Developments Local Government     Local Government 24 Disability Retirement Application Foreclosed by Dismissal for Cause 26 ERB Presides Over Tough Representation Battles in Department of Water and Power 28 No Disclosure of Court Documents Under Public Records Act Public Schools     Public Schools 31 School District Violated PERB Order; Must Cancel Contract With Private Bus Company 34 Union Did Not Violate Teacher’s Civil Rights in Requiring Contribution to Charity 38 School Board Did Not Abuse Its Discretion by Imposing Harsher Penalty Than Recommended 40 Part-Time Program for Educators Not a Fundamental and Substantial Public Policy 42 Conviction of Felony Later Reduced to Misdemeanor No Bar to Teaching Credential 44 School District Employee’s Disciplinary Record Can Be Disclosed if Complaint Is Substantial and Well-Founded Higher Education     Higher Education 46 AFSCME Snares Guaranteed Raises for Patient Care Workers 49 U.C. Faculty Favor Labs 51 CSU, SETC Wrap Up Reopeners in Two Months State Employment     State Employment 53 Attacks on Union Economic Pacts Fizzle 56 CSEA Pact Thwarts Pension Contribution Increase 57 Corrections Performance Review Stresses Management Rights and Responsibilities 61 SPB Has Jurisdiction to Consider Statute of Limitations Defense Under Procedural Bill of Rights Act Discrimination     Discrimination 65 Sexual Harassment Victim Who Quit Job May Sue Employer General     General 69 Changing Into Plant Uniforms Is Compensable Work Time Under FLSA 71 Opportunity to Object to Release of Employment Records Extended to Union Members 72 Attitudes Toward Unions Polled Public Sector Arbitration     Public Sector Arbitration 74 Body Weight Not Hindrance to Promotion Departments    Letter From the Editor - No. 167    Public Sector Arbitration Log    Public Employment Relations Board Orders and Decisions    PERB Activity Reports - No. 167

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