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 A410M
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104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
The Board has the authority to consider whether or not the factfinding procedures of the MMBA, including MMBA section 3505.4, apply to single-issue bargaining disputes or any other disputes outside negotiations for a new or successor MOU. The Office of the General Counsel’s administrative determination is not an “advisory” opinion, since it resolved a controversy that was squarely placed before the Office of the General Counsel when the County claimed that factfinding did not apply to the bargaining dispute over which the union requested factfinding. The Board’s consideration of the Office of the General Counsel’s administrative determination is not a conflict of interest, since the General Counsel does not provide legal guidance to Board Members regarding cases under the Board’s consideration. There is nothing improper about the General Counsel defending PERB in litigation, even if the same issues are subsequently presented to the Board itself by appeals of administrative determinations.