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

Single Topic for Decision A367S

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It is well settled that although not bound, PERB will take cognizance of NLRB decisions where appropriate as an aid in interpreting identical or analogous provisions of the statutes. Additionally, NLRB’s experience with doctrines developed in a series of cases rather than codified in a federal statute or regulation can be considered where such doctrines are used as a prototype or model for California labor enactments. Legally, there is no basis to take cognizance of these cases given there are no parallel state and federal laws regarding the revocation of authorization signatures being interpreted. Similarly, these cases involve no case doctrine validating signature revocations which has been used as a prototype for PERB regulations.