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 2540M
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 City & County of San Francisco (2019) PERB Decision No. 2540a-M. * * *
The home rule doctrine reserves to charter cities the right to adopt and enforce ordinances, provided the subject of the regulation is a municipal affair rather than a subject of statewide concern. The process of collective bargaining and the rights of employees and their organizations secured by the Meyers-Milias-Brown Act (MMBA) and the uniform application of that statute are matters of statewide concern. Thus, the home rule doctrine does not permit a charter city to enact or enforce a local ordinance that conflicts or is inconsistent with the intent or purpose of the MMBA.