PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes

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PERB’s jurisdiction is concurrent rather than exclusive if the conduct at issue arguably breached a collective bargaining agreement while also constituting arguably prohibited or arguably protected conduct under a PERB-enforced labor relations statute. (Fresno Unified School Dist. v. National Education Assn. (1981) 125 Cal.App.3d 259 (Fresno).) Fresno specifically relied upon EERA’s provision stating that PERB “shall not have the authority to enforce agreements between the parties, and shall not issue a complaint on any charge based on alleged violation of any agreement that would not also constitute an unfair practice under this chapter.” (Id. at p. 264, quoting Gov. Code, § 3541.5(b).) Accordingly, the court held, PERB must make the initial unfair practice determination, “even though the practice might also violate the terms of a contract,” but PERB “is not permitted to bootstrap its jurisdiction by deeming mere contractual violations to be unfair practices.” (Ibid.) (p. 7.)