PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES – Statutues in Other Jurisdictions
Single Topic for Decision 1701E
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101.04000 – Statutues in Other Jurisdictions
Under California Constitution Article 3, section 3.5, the Board may not refuse to enforce the provisions of EERA on the grounds that it is preempted by federal law, namely Section 2(2) of the National Labor Relations Act, which defines “employer” under the federal act. Only an appellate court may make such a determination.