PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession

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PERB and the State Personnel Board (SPB) “are not in competition with each other.” (Pacific Legal Foundation v. Brown (1981) 29 Cal.3d 168, 197.) Discriminatory personnel decisions violating the Dills Act “transgress the merit principle as well,” and “the Legislature evidently thought it important to assign the task of investigating potential violations of [the Dills Act] to an agency which possesses and can further develop specialized expertise in the labor relations field.” (Id. at p. 198.) Accordingly, when PERB finds that a civil service decision was based on discrimination violating the Dills Act, PERB’s findings are consistent with the merit principle, which requires that entitlement to civil service positions must turn on lawful criteria. (Id. at pp. 196-200.)