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TABLE OF CONTENTS CPER No. 170 (February 2005)

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Table of Contents Table of Contents - No. 170    Features Choosing Between Administrative Remedies: A Procedural ‘No Brainer’  Christine Maloney The Uphill Battle of Whistleblowers in California’s Local Public Entities  Nancy J. Balles Education: A Civil Right  Gregory J. Dannis   Headliners Pension Reform — Who Will It Help?    Recent Developments Public Schools     Public Schools 35 Governor Launches Attacks on Educators; Educators Fight Back 39 Reading Specialist Later Certificated Is Second-Year Probationary Employee 41 Substitute Community College Employees Entitled to Classified Status Local Government     Local Government 44 Charter Compels Arbitration of Impasse Over Promotion Rule 48 Officer’s Porno Video Not a Matter of Public Concern 50 Discovery of All Non-Confidential Documents Available Under Bill of Rights Act State Employment     State Employment 55 Lawsuits Against CDC Impinging on Union Turf 57 CAPT Sends State’s Final Proposal to Members 59 Interim Report Identifies Best Practices in State Employment of Individuals With Disabilities Higher Education     Higher Education 61 Unfair Practice Charges Traded as CAASE/UAW Claims Right to Information From CSU 64 Fighting for Scraps at U.C. 66 Governor Strikes at Labor Research Again 67 New Student Rights Bill Launched in ‘War for Academic Freedom’ Discrimination     Discrimination 68 Requiring Female Employee to Wear Makeup Not Sex Discrimination 71 Supreme Court to Decide Whether Title IX Prohibits Retaliation 72 California Supreme Court Agrees to Review Third-Party Harassment 73 Health Condition Justifying CalFRA Medical Leave Not Job-Specific General     General 76 Formal Notice of Discipline Not Required Within One-Year PSOPBRA Time Limit Public Sector Arbitration     Public Sector Arbitration 79 Teacher’s Response to Student Grading Dispute Justified Letter of Reprimand 81 Union’s Exclusive Right to Invoke Arbitration Is Not Due Process Violation 83 Faculty Association’s Petition to Compel Arbitration Granted Departments    Letter From the Editor - No. 170    Arbitration Log - No. 170    Resources    Public Employment Relations Board Orders and Decisions - No. 170

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