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TABLE OF CONTENTS CPER No. 184 (June 2007)

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Table of Contents Table of Contents    Features Weathering the Gathering Storm Over Post Retirement Health Care Benefits -- Vested or Not  Jeffrey Sloan Esq., Genevieve Ng Esq., and Merlyn Goeschl Esq. Who Do Disability Discrimination Laws Protect?  M. Carol Stevens Esq. and Alison Heartfield Moller Esq.   Headliners   Recent Developments Public Schools     30 Villaraigosa’s Bill to Take Over L.A. Schools Ruled Unconstitutional 34 Hayward Teachers Get Contract After 10-Day Strike 35 Community College’s Administrative Reorganization Does Not Require Consultation With Faculty Senate 38 Notice of Probationary Release Untimely: Teacher Reelected 40 Five-Day Limit to Request Hearing Violates Due Process 42 Teachers Serving Under Provisional Credentials Are Probationary Employees Entitled to Rights 46 Teacher’s Termination Not Prohibited by Law or Contrary to Public Policy Local Government     49 Governor Gets Cooling-Off Period in Orange Country Transit Strike 51 Involuntary Transfer Based on Deficient Performance Not Punitive Absent Reduction in Pay, Rank 53 Workers’ Comp Antidiscrimination Law Violated by City Policy 55 Commission’s Reduction of Discipline Was Abuse of Discretion State Employment     57 DPA Declares Impasse in CCPOA Talks 59 Supreme Court Backs Caltrans and Private Contractors in Prop. 35 Case 64 Safety Union Still Fighting for Pension Retroactivity Higher Education     66 Whistleblower Must File Petition for Writ of Mandate to Test if CSU ‘Satisfactorily Addressed’ Complaint 70 Lowest Paid U.C. Employees in Line for Raises 73 Factfinding Report Leads to New Faculty Contract Discrimination     78 No Adverse Action Where Disabled Employee Assigned Less-Than-Ideal Job 79 Race Discrimination Verdict in Favor of L.A. County Police Officers Overturned General     85 Supreme Court: Pay for Missed Meal, Rest Breaks Is Wage, Not Penalty 87 No Invasion of Privacy or Defamation Where Principal Criticized in the Press Public Sector Arbitration     92 Conflicts in Evidence Result in Reinstatement of Grievant Departments    Letter From the Editor    Public Sector Arbitration Log - No. 184    Resources    Public Employment Relations Board Cases

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