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 A399M
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104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
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.