PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES – Statutues in Other Jurisdictions

Single Topic for Decision 1701E

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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.