PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES – In General

Single Topic for Decision 1909M

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A transit district that has its own statutorily prescribed scheme of administering its employer-employee relations is not subject to the MMBA. The employer's labor relations statute in this case is located in the PUC, therefore PERB does not have jurisdiction in this matter. The issue of jurisdiction was not raised nor analyzed in Golden Empire Transit District (2004) PERB Decision No. 1704-M. Thus, the holding in that case does not require a finding that PERB has jurisdiction in the instant case. There is no authority to support the argument that where the enabling statute (in the PUC) for administering a transit district's employer-employee relations does not allow for the filing of unfair practice charges, then the district is governed by the MMBA.