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)
To avoid acting in excess of its authority the Board has the obligation to determine whether it has jurisdiction over a matter, regardless of whether the issue has been raised by the parties. While MMBA section 3511 excludes PERB from hearing charges filed by “persons” who are peace officers, the statute does not prohibit the Agency from hearing charges brought by employee organizations that represent peace officers or employee organizations seeking to represent units including persons who are peace officers.