PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

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Section 3514.5 of the Dills Act states that the “initial determination as to whether the charges of unfair practices are justified, and, if so, what remedy is necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board.” The California Supreme Court has interpreted this rule to mean that PERB has “exclusive jurisdiction over activities arguably protected or prohibited by” the Act. [Citation.] Therefore, application of the doctrine of res judicata in this instance would be incongruous with the Legislature’s express intent to commit the questions posed in this unfair practice charge to PERB’s initial and exclusive jurisdiction. (p. 33, fn. 19.)