PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Single Topic for Decision 2138M
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104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Under the MMBA, PERB regulations will apply only when the agency’s local rules contain no provision that can accomplish what the petitioner is seeking without placing an undue burden on the petitioner. Because a county’s local rule governing unit modification provided the functional equivalent of a unit severance rule and did not unduly burden the petitioning union, the local rule, and not PERB regulations, applied to the union’s severance petition.