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

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101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.03000 – NLRA/LMRDA Precedent

PERB is not bound by NLRB precedent. EERA generally provides greater protection to representational rights than the NLRA. PERB may refer to NLRB precedent interpreting the NLRA to the extent we find it persuasive and consistent with the language and purposes of EERA. (Capistrano Unified School District (2015) PERB Decision No. 2440, pp. 28-29.) Moreover, when PERB does find federal authority persuasive on a particular issue, PERB is not automatically bound by subsequent developments in federal law on that point because the determinative issue is whether the cases are consistent with the language and purposes of EERA. (Ibid.)