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

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The Public Utilities Code’s transit district enabling acts generally grant SMCS jurisdiction to resolve questions concerning representation (QCR), including determinations of appropriate bargaining units. (p. 17.) Under PERB Regulation 93080, when deciding transit district representation cases, the Board shall apply relevant federal law and administrative practice developed under the Labor Management Relations Act, 1947, as amended. (p. 17.) In doing so, the Board shall apply federal law under the LMRA unless (1) the question presented is governed by an explicit provision of the applicable transit district act, or (2) considerations unique to public sector labor relations require deviation from federal law. (pp. 17-18.)