PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
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104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
MMBA section 3509(a) and Trial Court Act section 71639.1(b) grant PERB the authority to adopt rules to apply in areas where a local agency or trial court has no rule. PERB regulations thus serve to “fill in the gaps” when a local agency or trial court has not adopted local rules governing a particular representation issue. Because county and trial court had not adopted local rules governing amendment of certification, PERB’s regulations on the subject applied to petitions to amend an exclusive representative’s certification.