PARTIES; DEFINITIONS; WHO IS AN EMPLOYER? – In General

Single Topic for Decision 2033M

View all topics for Decision 2033M

Full Decision Text (click on the link to view): Full Text

* * * 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.