PARTIES; DEFINITIONS; WHO IS AN EMPLOYER? – In General
Single Topic for Decision 2033M
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201.01000 – In General
* * * OVERRULED IN PART ON OTHER GROUNDS by Alliance College-Ready Public Schools (2017) PERB Decision No. 2545. * * *
PERB only has jurisdiction over public employees and does not have any authority over collective bargaining laws covering employees of private companies. Under the MMBA, a “public employee” is defined in Section 3501(d) as any person employed by any public agency. An entity is deemed a “public agency” if it was either: (1) created directly by the state, so as to constitute a department or administrative arm of the government, or (2) administered by individuals who are responsible to public officials or the general electorate.