PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
Single Topic for Decision 1371E
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101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
While PERB may not enforce the Education Code, the Board may interpret the Education Code to carry out its duty to administer EERA. When allegedly unlawful conduct arguably implicates both Education Code section 7055 and EERA, the Board may determine whether the action constitutes an unfair practice; p. 13. PERB is charged with the exclusive initial jurisdiction to consider the alleged unfair practice while harmonizing the purposes of EERA with those of the Education Code provisions and constitutional precedent. The mere fact that constitutional rights may be implicated or have sure bearing on this dispute is not in and of itself sufficient to divest PERB of jurisdiction. Those include the EERA purpose of promoting improved employer-employee relations in California schools through a system of collective bargaining (EERA sec. 3540), and the Education Code purpose of dissociating California schools from political controversy; Education Code sec. 7050 et seq; p. 14.