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 A386M
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104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Under the MMBA, PERB has jurisdiction over a representation petition only when an agency’s local rules contain no provision that can accomplish what the petitioner is seeking without placing an undue burden on the petitioner. Because a county’s local rule governing unit modification provided the functional equivalent of a unit severance rule and did not unduly burden the petitioning union, PERB lacked jurisdiction over the severance petition.