PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA – State Issues

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The Board declines to adopt the interpretation of HEERA with regard to the constitutional issue which the University advances; p. 18. While the University does not seek from PERB a ruling that HEERA is unconstitutional, it asks the Board to conclude that student academic employees do not meet the subsection (f) test because of the constitutional constraints imposed by Article IX, section 9 of the California State Constitution. A Board decision adopting the University's argument would represent a finding that the subsection (f) test is constitutionally unenforceable with regard to student academic employees. Without an appellate court determination on the issue, PERB has no power pursuant to Article III, section 3.5 to make the finding which the University urges it to make; pp. 18-19; However, PERB rejects the University's argument; p. 22.