GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION – General Principles

Single Topic for Decision 2806E

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Because MMBA section 3502.1 merely reinforces existing statutory provisions and given that EERA and the MMBA mirror one another in their main provisions protecting the right to participate in union activities, the Board found that the Legislature did not intend to prescribe differing rules and instead intended unfair practices under the differing statutes to be interpreted in a comparable manner. While including statutory language in only one of several laws dealing with the same general subject can demonstrate an intent to create differing rules, that principle does not apply universally and is not helpful or controlling where, as here, it would create an “inexplicable anomaly.” (p. 20.)