PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES – NLRA/LMRDA Precedent

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PERB Regulation 93090 provides that in resolving questions of representation with regard to Public Utilities Code-established transit districts, “the Board shall apply the relevant federal law and administrative practice developed under the Labor Management Relations Act [LMRA], 1947, as amended.” In deciding whether federal law is “relevant” to the question presented in a particular case, PERB Regulation 93080 “does not demand slavish adherence to the LMRA.” (See Santa Clara Valley Transp. Auth. v. Rea (2006) 140 Cal.App.4th 1303, 1319 [interpreting language in PUC section 100301 identical to that in PERB Reg. 93080].) Under PERB Regulation 93080, federal law is relevant, and therefore must be applied, unless (1) the question presented is governed by an explicit provision of the applicable transit district statute or (2) considerations unique to public sector labor relations require a deviation from federal law.