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TABLE OF CONTENTS CPER No. 171 (April 2005)

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Table of Contents Table of Contents - No. 171    Features Yes, Let's Talk About Merit  Stuart Tannock Email Communications: A Union Perspective  Martin Fassler Esq. Email Communications: Management's View  Bruce A. Barsook Esq. 'No Child Left Behind: The Test No District Can Pass'  Alan S. Hersh   Headliners   Recent Developments Local Government     Local Government 38 Nurses Win a Round in Their Battle With the Governor 40 Employer Bears Heavy Burden in Rebut Cancer-Job Presumption 42 Dismissal of ‘De Facto’ Regular Employee Violated Due Process Rights Public Schools     Public Schools 45 Schwarzenegger Declares War on Teachers’ Retirement System 47 No Child Left Behind Act Is Challenged on National, State Levels 51 Teacher Gets Split Decision on Permanent Status, Wins Reinstatement and Attorneys’ Fees 53 Teacher Denied Second Paid Leave But Need Not Submit to New Medical Exam 56 L. A. Teachers Oust Union Leaders Higher Education     Higher Education 57 Plaintiff Must Exhaust U.C.’s Internal Whistleblower Remedies 61 PERB Chairman Says Statutory Causes of Discipline Now Within Scope of Bargaining 64 Factfinding Panel Recommends Raises for Clerical Employees 67 U.C. Regents Allow Staff Representation on Two Committees State Employment     State Employment 69 Will Governor’s Emphasis on Rehab Mean Anything for Prison Teachers? 71 Pension Legislation to Avoid Defined-Benefit Ban Discrimination     Discrimination 74 HIV-Positive Applicant Can Sue for Discrimination General     General 78 Coalition Pushes Ballot Measure to Restrict Use of Union Dues 78 PERB Gets New Member 79 McMonigle Joins ALJ Ranks at PERB Public Sector Arbitration     Public Sector Arbitration 80 Union Loses Bid to Compel Arbitration 82 Employer Must Pay Emergency Medical Costs for Improperly Laid-Off Employee Departments    Letter From the Editor    Public Sector Arbitration Log    Public Employment Relations Board Orders and Decisions    PERB Activity Reports

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