PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
Single Topic for Decision 2589C
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102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
Where the parties to an unfair practice case dispute whether external law, including the public employment retirement laws, removes an otherwise negotiable matter from the scope of representation, or creates a statutory right not subject to waiver or impairment through unilateral employer action, PERB may interpret the provisions of external law as necessary to decide questions arising under the collective bargaining statutes we administer. (County of San Luis Obispo, supra, PERB Decision No. 2427-M, pp. 30-34; City of San Jose (2013) PERB Decision.