PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
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102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
While PERB may not enforce the Education Code, the Board may interpret the Education Code to carry out its duty to administer EERA; p. 13, 23. When unlawful conduct allegedly violates both the Education Code and EERA, the Board may determine whether the action constitutes an unfair practice; p. 14. When the Parties' collective bargaining agreement allowed the District to contract out work that may be lawfully contracted for, the Board's exclusive initial jurisdiction required it to decide whether the Education Code prohibited the District from contracting out pupil transportation services; p. 14. When EERA and the Education Code address similar subjects, the Board seeks an interpretation that harmonizes EERA's underlying provisions with the Education Code provisions; p. 23. seeks an interpretation that harmonizes EERA's underlying provisions with the Education Code provisions; p. 23.