PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Single Topic for Decision 0220E
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102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
A recognition agreement clause preventing the parties from seeking to clarify or amend the unit did not preclude PERB from modifying the unit to include summer school and hourly employees. The petitioning union did not violate the agreement because it did not attempt to alter the unit, but filed a petition for recognition of the employees. PERB, exercising its statutory powers to determine appropriate units, treated the recognition request as a modification petition. Parties cannot contract away PERB's statutory jurisdiction; pp. 4-6.