Name That Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

mandate that all persons, including supervisors, who are regularly employed by school districts and who are not specifically exempt by statute, be part of the classified service.

2. U NIONS AND C OLLECTIVE B ARGAINING A GREEMENTS Not only must the district pay careful attention to the Education Code provisions regarding personal services contracts, but it must also follow its own collective bargaining agreement. Always remember to also look at the collective bargaining agreement rules regarding hiring. The collective bargaining agreement may contain rules that are more restrictive than the Education Code. Further, the decision to subcontract work by a district raises collective bargaining issues. If the purpose of the decision is to reduce labor costs (including any contract under Education Code section 88003.1, subdivision (a)), it must be negotiated. In contrast, if the subcontracting is for purposes other than cost saving (i.e. those purposes set forth in Section 88003.1, subdivision (b)), the district may not need to bargain the decision to subcontract. The duty to bargain in this context depends largely on whether the subcontracting will result in the removal of existing work for unit employees. Where the subcontract will result in removal of existing work, the decision to subcontract must be negotiated. Note, however, that the purposes set forth in Section 88003.1, subdivision (b) describe situations that are largely premised on a district’s lack of internal resources to perform the work. Thus, subcontracting in this context should have less impact on existing unit work than a subcontract for cost-saving purposes. This explains why the decision to subcontract for cost-savings purposes under 88003.1, subdivision (a) is always subject to negotiations. Additionally, whether or not the decision to subcontract is negotiable, the effects of subcontracting on unit employees must still be negotiated. 92 A district may be able to contract for services successfully without engaging in bargaining if there is a management-rights clause or waiver in the collective bargaining agreement. Any such waiver must be clear, unmistakable, and knowing. 93 B. S TATUTORY P ROVISIONS A LLOWING P ERSONAL S ERVICES C ONTRACTS There are eight different circumstances under which a personal-services contract may be permissible: 94

 To achieve cost savings under very specific conditions (See Section A below);

 Where a contract is mandated by the Legislature;

 When certain services are not available within the District;

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 35