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

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In enacting the various Public Utilities Code transit district acts, the Legislature took three different approaches to how federal law would guide determinations of appropriate bargaining units and other representation matters. Some of these acts provide that SMCS “shall apply” relevant federal law, while others say SMCS “shall be guided by” relevant federal law. The third approach, covering four transit districts, omits any reference to federal law, and instead directs SMCS to establish appropriate bargaining unit “boundaries.”