All notes for Subtopic 100.01000 – In General
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2822E | Victor Valley Union High School District 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General To avoid acting in excess of its authority, PERB has an obligation to determine whether it has jurisdiction over a dispute, regardless of whether the parties themselves have raised the issue. The Legislature has granted and the courts have consistently upheld PERB’s primary and exclusive jurisdiction over alleged unfair practices. PERB rejected the argument that because the Education Code grants the Office of Administrative Hearings jurisdiction over teacher dismissal proceedings, including pre-hearing discovery, it deprives PERB of jurisdiction over the inquiry into whether the District’s questioning of a union president during a deposition interfered with EERA-protected rights. The allegations in the complaint that the District interfered with employee and union rights under EERA by extensively questioning the union president regarding protected communications with a bargaining unit member, other unit members, and a California Teachers Association staff member, are squarely within PERB’s jurisdiction. more or view all topics or full text. | 47 | 11 | 06/14/22 |
| 2660S | State of California (Office of the Inspector General) 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General A broad view of Dills Act section 3519 is consistent with the plain language of the statute. Unlike Dills Act section 3513, subdivision (j), section 3519 refers only to the “state” without either qualifying or defining the term. The Board therefore interprets “state” as meaning exactly what it says—the state itself. (pp. 16-17.) more or view all topics or full text. | 44 | 48 | 08/15/19 |
| 2660S | State of California (Office of the Inspector General) 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General Section 3519 of the Dills Act makes it unlawful for the “state” to “interfere with, restrain, or coerce employees because of their exercise of rights guaranteed” to them under the Act and to “[d]eny to employee organizations rights guaranteed to them” under the Act. Although the Dills Act does not define the term “state” in this context, the Board has noted that “state” as used in section 3519 is broader than “state employer” in section 3513, subdivision (j). (p. 15.) more or view all topics or full text. | 44 | 48 | 08/15/19 |
| 2660S | State of California (Office of the Inspector General) 1000.01000: SCOPE OF REPRESENTATION; In General; Test for Subjects Not Specifically Enumerated 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General The Dills Act declares as its purpose the improvement of employer-employee relations through recognition of “the right of state employees to join organizations of their own choosing and be represented by those organizations in their employment relations with the state.” However, the Act does not expressly define “state” and indeed it uses three different terms to refer to state management entities: “state employer,” “employer,” and “state.” Although by appearances similar, these terms address separate subjects and are not synonymous. (p. 14.) more or view all topics or full text. | 44 | 48 | 08/15/19 |
| 2388Ma | City of Palo Alto 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General PERB’s jurisdiction arises under MMBA section 3509(b), which provides: A complaint alleging any violation of this chapter or of any rules and regulations adopted by a public agency pursuant to section 3507 or 3507.5, shall be processed as an unfair practice charge by the Board. In 1975, the Legislature enacted the Educational Employment Relations Act (EERA), thereby creating and vesting EERB (PERB’s precursor) with broad jurisdiction and remedial authority. EERA section 3541.3 provides, in pertinent part: The board shall have all of the following powers and duties: (i) To investigate unfair practice charges or alleged violations of this chapter, and take any action and make any determinations in respect of these charges or alleged violations as the board deems necessary to effectuate the policies of this chapter . . . (j) To bring an action in a court of competent jurisdiction to enforce any of its orders, decisions, or rulings . . . (n) To take any other action as the board deems necessary to discharge its powers and duties and otherwise to effectuate the purposes of this chapter. more or view all topics or full text. | 41 | 162 | 04/10/17 |
| A429M | City and County of San Francisco 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General Board affirmed its holding in County of Contra Costa (2014) PERB Order No. Ad-410-M that the plain language of the MMBA and its legislative history indicate that the Legislature intended to make MMBA factfinding available for any “differences” over any matter within the scope of representation, including single-issue disputes, so long as the employee organization's request is timely and the dispute is not subject to one of the statutory exceptions. more or view all topics or full text. | 40 | 74 | 10/15/15 |
| 2462C | Service Employees International Union, Local 721 (Oliver) 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General Because the duty of fair representation is the quid pro quo for the exclusive representative’s right to employees, the absence of a duty of fair representation language in the Trial Court Act does not indicate legislative intent to deprive PERB of jurisdiction to consider duty of fair representation cases brought by Trial Court employees. more or view all topics or full text. | 40 | 89 | 11/24/15 |
| A434H | Regents of the University of California 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General Because an agency’s rules or regulations cannot expand the scope of its authority beyond what has been authorized by the enabling statute, regulations that specify the procedure whereby an agency will carry out its mission necessarily have the effect of narrowing the scope of the agency's discretion by requiring it to act according to the procedure specified in its own regulations, as opposed to following other procedures which, while within the broad discretion granted by the statute are not the procedure chosen by the agency. Agency regulations validly enacted pursuant to a legislative grant of authority have the force and effect of law and are binding on the agency that promulgated them. Administrative agencies must follow their own rules and may only modify or repeal them through the rulemaking process rather than by decisional law. more or view all topics or full text. | 02/29/16 | ||
| 2412M | City of Milpitas 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General The Board has a longstanding policy favoring the voluntary settlement of disputes. more or view all topics or full text. | 39 | 99 | 02/19/15 |
| A418M | Workforce Investment Board of Solano County 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General The Legislature vested PERB with jurisdiction to administer and enforce the MMBA. more or view all topics or full text. | 39 | 65 | 11/17/14 |
| 2400H | Trustees of the California State University 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General PERB has no jurisdiction over employee's wage dispute with employer. more or view all topics or full text. | 39 | 71 | 11/24/14 |
| 2384H | Trustees of the California State University 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General PERB has jurisdiction to consider unfair practices and other alleged violations of HEERA, including section 3580.5, which prohibits supervisors from participating in collective bargaining and grievance proceedings on behalf of non-supervisory employees. more or view all topics or full text. | 39 | 16 | 06/30/14 |
| 2299E | Los Angeles Unified School District 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General PERB has no jurisdiction over employee’s wage dispute with employer. more or view all topics or full text. | 37 | 138 | 12/20/12 |
| 2278E | San Bernardino City Unified School District 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General PERB has no power to review allegations of age, race, or gender discrimination. Dismissal of charge alleging that the school district violated EERA by failing to reclassify and pay teacher according to certificated salary schedule affirmed. more or view all topics or full text. | 37 | 36 | 07/11/12 |
| 2210S | State of California (Department of Personnel Administration) 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General Court rulings that the Dills Act does not limit the Legislature’s authority to enact unilateral changes to terms and conditions of employment are dispositive on issue of whether state unlawfully implemented plan to furlough state employees in specially funded agencies pursuant to Governor’s executive orders that were ratified by the Legislature. more or view all topics or full text. | 36 | 64 | 10/13/11 |
| 2152S | State of California (Department of Personnel Administration) 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General No violation of the Dills Act where the Legislature ratified the Governor’s initial furlough plan when it adopted the Budget Act. The Dills Act does not limit the Legislature’s authority to enact unilateral changes in terms and conditions of employment. The Governor does not commit an unlawful unilateral change by implementing changes to terms and conditions of State employment in compliance with law as prescribed by the legislative process. more or view all topics or full text. | 35 | 17 | 12/16/10 |
| 2116H | California Faculty Association (Williams) 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General Unfair practice charge allegation that employer violated non-union member rights to freely associate under the U.S. Constitution was dismissed as PERB lacks jurisdiction to enforce the provisions of the U.S. Constitution. more or view all topics or full text. | 34 | 101 | 06/14/10 |
| 2117H | California Faculty Association (Halcoussis) 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General Unfair practice charge allegation that employer violated non-union member rights to freely associate under the U.S. Constitution was dismissed as PERB lacks jurisdiction to enforce the provisions of the U.S. Constitution. more or view all topics or full text. | 34 | 100 | 06/14/10 |
| 2082E | Ventura County Community College District 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General District’s charge sought a repugnancy review of an arbitration between the parties, however, it did not allege conduct by the Respondent/Federation that violated EERA and therefore did not establish a prima facie case against the respondent for violation of the Act. EERA section 3541.5(a)(2) addresses PERB’s authority relative to matters also covered by collective bargaining agreements between the parties, and provides that PERB may review an arbitration decision resulting from the parties’ grievance/arbitration process, to determine whether it is repugnant to the purposes of EERA. However, PERB’s authority remains limited to the issuance of a complaint that alleges respondent engaged in conduct that violates EERA. A charge based solely on a claim that a third-party arbitration decision is repugnant cannot stand on its own and is insufficient to state a prima facie case for violation of EERA. more or view all topics or full text. | 34 | 14 | 12/09/09 |
| 1973E | Los Angeles City and County School Employees Union, Local 99 (Grove) 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General PERB lacked jurisdiction to consider the employee’s claim that a union’s failure to immediately reduce his dues upon resignation from union membership violated his constitutional right to resign from union membership. more or view all topics or full text. | 32 | 131 | 08/26/08 |
| 1937M | City of Commerce 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General PERB has authority to review as an unfair practice charge the violation of local rules and regulations passed by a public agency pursuant to MMBA sections 3507 or 3507.5. (MMBA sec. 3509(b); PERB Regulation 32604(e). more or view all topics or full text. | 32 | 33 | 01/11/08 |
| 1918S | Union of American Physicians and Dentists (Menaster) 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General PERB's jurisdiction is limited to the determination of unfair labor practice claims arising under the Dills Act and a few other public sector labor statutes. PERB's jurisdiction does not include, inter alia, enforcement of the Americans with Disabilities Act, the U.S. Constitution, the Whistleblower Protection Reporting Act, laws governing improper government activity, laws governing sexual harassment, laws governing defamation, or laws governing the unemployment insurance process. Thus, allegations regarding statutes other than the Dills Act are dismissed as outside of PERB's jurisdiction. more or view all topics or full text. | 31 | 135 | 08/09/07 |
| 1698M | City of San Rafael 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General Legislature has expressly granted the Board the power and duty to adopt regulations and issue decisional authority necessity to effectuate the purposes and policies of the MMBA. The Board has used these powers to harmonize the various statutes under our jurisdiction where appropriate. However, the Board’s authority to adopt regulations and issue decisional authority in the face of silence in a statute must be exercised with caution. more or view all topics or full text. | 28 | 267 | 10/20/04 |
| 1573H | American Arbitration Association (O'Malley) 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General Board finds that it lacks jurisdiction to address the merits of the case when the responding party is not a covered entity under HEERA. Instead, the responding party is one of three entities which are authorized by PERB regulation 32994(b)(4) to select an impartial decision maker to hear agency fee appeals. more or view all topics or full text. | 28 | 40 | 12/30/03 |
| 1637M | Public Transportation Services Corporation 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General Board found that the Public Transportation Services Corporation is an organizational unit of the MTA, and is therefore subject to the Public Utilities Code and not the MMBA. more or view all topics or full text. | 28 | 160 | 06/07/04 |
| 1530S | California Correctional Peace Officers Association (Moore) 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General A claim that a union allowing a supervisory employee who is the union chapter president unlawfully represents non-supervisory employees, alleges a violation of the Bill of Rights for State Excluded Employees (EEBR) not the Dills Act. PERB does not have jurisdiction over the EEBR. more or view all topics or full text. | 27 | 90 | 06/20/03 |
| 1492E | Monterey Peninsula Community College District 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General Since Waymire lacks standing to invoke the protection of EERA, the Board lacks jurisdiction over the charge. more or view all topics or full text. | 26 | 33104 | 07/31/02 |
| 1493E | California School Employees Association and its Chapter 245 (Waymire) 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General Since Waymire lacks standing to invoke the protection of EERA, the Board lacks jurisdiction over the charge. more or view all topics or full text. | 26 | 33105 | 07/31/02 |
| A251S | State of California (Association of California State Attorneys and Administrative Law Judges and Professional Engineers in California Government) (California State Employees Association) (California Department of Forestry Employees' Association, Local 2882, International Association of Fire Fighters 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General The Dills Act assigns broad powers and duties to the Board, including the power to adopt regulations to carry out its responsibilities and effectuate the purposes of the Act; p. 2. more or view all topics or full text. | 18 | 25050 | 03/03/94 |
| A159E | Coast Community College District 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General PERB has jurisdiction over an appeal of a dismissal of a decertification petition based on a determination that a showing of support is inadequate; p. 5. more or view all topics or full text. | 10 | 17174 | 10/15/86 |
| 1324E | Oakland Unified School District (Kennis) 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General To the extent a charge alleges that retaliation occurred due to race, the charge fails to state a prima facie violation of the EERA because PERB has no jurisdiction to address such claims; p. 2, warning letter. more or view all topics or full text. | 23 | 30095 | 04/09/99 |
| 1022E | Stanislaus County Office of Education 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General PERB lacks authority to force an employee organization to represent employees against its will. more or view all topics or full text. | 18 | 25005 | 10/26/93 |
| 0846E | United Teachers - Los Angeles (Glickberg) 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General PERB has no jurisdiction over a claim of age discrimination under EERA. more or view all topics or full text. | 14 | 21204 | 10/30/90 |
| 0847E | Los Angeles Community College District (Hoodye) 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General PERB has no jurisdiction over allegations of racial discrimination and harassment against the District. more or view all topics or full text. | 14 | 21205 | 10/30/90 |
| 0999S | State of California (Department of Forestry and Fire Protection) 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General The circumstances in this case do not meet the test in Youth Authority PERB Decision No. 962-S in which an arbitration clause may continue in effect after expiration of a contract, and therefore deferral to binding arbitration is not an available avenue of resolution; p. 11, footnote. more or view all topics or full text. | 17 | 24112 | 06/22/93 |
| 0022E | San Dieguito Union High School District * * * OVERRULED IN PART by Carlsbad Unified School District (1979) PERB Decision No. 89, and also OVERRULED IN PART by Los Angeles Unified School District (1983) PERB Decision No. 285 100.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; In General * * * OVERRULED IN PART ON OTHER GROUNDS by Carlsbad Unified School District (1979) PERB Decision No. 89 and Los Angeles Unified School District (1983) PERB Decision No. 285. * * *EERA unfair practice provisions can resolve violations occurring after April 1, 1976. more or view all topics or full text. | 1 | 369 | 09/02/77 |