PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA – State Issues

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The language of EERA is considerably broader than the federal law on which Weingarten rests. It guarantees employees a right to representation in all matters of employee-employer relations and not all meetings with management must conform to the strictures of Weingarten before the right attach. Where PERB chooses to follow federal authority on an issue, it is not automatically bound by subsequent developments in federal law on that point. The touchstone for whether private-sector decisional law or any other authority is applicable to the PERB-administered statutes is whether the underlying reasoning is consistent with the language and policies of the California statutes.