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TABLE OF CONTENTS CPER No. 190 (June 2008)

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Table of Contents Table of Contents    Features Family Responsibility Discrimination and Public Agencies: No Employer Left Behind  Conseula A. Pinto Esq. Begging to Differ: City of San Jose Clarifies That PERB Has Initial Exclusive Jurisdiction  Margot Rosenberg Esq. and Ari Krantz Esq.   Headliners   Recent Developments Public Schools     25 CTA Appeals PERB Dismissal of Retaliation Charge 28 Study Concludes Most Teacher Agreements Are Ambiguous, Not Rigid 30 PERB Holds That EERA Preempts City Charter’s Interest Arbitration Provisions 37 Legislation Allows for Bonuses to Science and Math Teachers 38 Delaware Enacts Binding Arbitration Law to Resolve School Bargaining Impasses Local Government     40 High Court Defines PSOPBRA Notice Requirement 43 Lawsuit Challenging Orange County Retirement Benefits Goes Forward 44 Cost-Sharing Provision of MOU Is Unconstitutional 47 Ninth Circuit: Drug Testing of Library Page Is Impermissible State Employment     48 DPA Recommends Reinstatement of ‘Like Pay’ for Supervisory Scientists and Engineers 50 SEIU Local 1000 Battles to Keep Information Technology Work In-House 53 Inadequate Agency Fee Notice Given by SEIU Local 1000 for Special Election Assessment 56 Legislature Considering Post-Employment Benefits Commission Recommendations 60 Audit Finds Questionable Union-Leave Side Agreement Higher Education     63 Employee’s Return From Leave of Absence Is Proper Topic of Closed Session 66 UCOP Hires New President, Presents Plan to Cut Workforce by 25 Percent 69 Food Service Workers at U.C. Davis to Become University Employees Discrimination     72 California Supreme Court Limits Employees’ CFRA Rights 76 U.S. Supreme Court to Rule on Scope of Retaliation Under Title VII 76 Pending Federal Legislation Would Prohibit Sexual Orientation Discrimination 77 U.S. Senate Republicans Dash Hopes of Overturning Ledbetter Public Sector Arbitration     78 Discipline Justified Because Video Captures Grievant’s Failure to Perform Work Departments    Letter From the Editor    Public Sector Arbitration Log    Resources    Public Employment Relations Board Decisions

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