Headnote for 1138Ea, 102.02000 - Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes - California Public Employment Relations Board

PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes

Single Topic for Decision 1138Ea

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102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes

PERB possesses no jurisdiction to enforce the Education Code. However, the Board may interpret the Education Code to harmonize the legislative intent of EERA and Education Code provisions; p. 8. The principles of judicial economy and exhaustion of administrative remedies require PERB to interpret the Education Code to determine whether the District committed an EERA violation; p. 9. PERB's jurisdiction to interpret the Education Code to administer EERA is not subject to the forum selection preferences of the parties; p. 10.