PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Single Topic for Decision A327M
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104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
MMBA Section 3509(a) grants PERB the authority to apply its powers and perform its duties described in Government Code Section 3541.3 to charges arising under the MMBA, while MMBA Section 3509(c) specifically grants PERB the authority to “enforce and apply rules adopted by a public agency concerning unit determinations, representation, recognition, and elections.” Thus, PERB has the statutory authority to determine if a public agency correctly applied local rules promulgated under the MMBA.