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 2360M
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104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Any argument that PERB should refrain from enforcing the MMBA by ordering a back-pay remedy, because such an order is unconstitutional, cannot be considered by this agency. The holding of County of Riverside (2003) 30 Cal.4th 278 with respect to private arbitration panels does not divest PERB of its jurisdiction to remedy violations of the MMBA. Having failed to request the Board agent’s recusal immediately when the County allegedly had reason to believe she was biased against it at the outset of the investigation of the unfair practice charge, the County may not make such request in exceptions to the ALJ’s proposed decision.