PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
Single Topic for Decision 2517C
View all topics for Decision 2517C
Full Decision Text (click on the link to view): Full Text
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
* * * VACATED IN PART ON OTHER GROUNDS by Fresno County Superior Court (2019) PERB Decision No. 2517a-C. * * *
The Legislature directed that complaints alleging any violation of the Trial Court Act or of any local rules and regulations adopted by a trial court be investigated as an unfair practice charge and that PERB apply and interpret unfair labor practices consistent with existing judicial interpretations of the Meyers-Milias-Brown Act, where the language of the two statutes are the same or substantially similar. In light of this legislative delegation of authority, PERB concluded that its adjudication of unfair practice allegations under the Trial Court Act does not violate the constitutional separation of powers doctrine nor invade the province of Superior Court judges to control their courtrooms. (p. 9.)