PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD – Authority of Board In General; Validity and Application of Regulations (See also 102.01)

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Both the plain language of MMBA section 3509 and legislative intent behind that section are clear that PERB regulations serve to “fill in the gap” when a local agency has not adopted a local rule on a particular representation issue. Since the employer has not adopted a local rule that provides a severance process, pursuant to PERB Regulation 61000, PERB will conduct representation proceedings in the above-referenced matter, and PERB regulations on the filing of a severance petition under MMBA apply.