All notes for Subtopic 100.02000 – Retroactive Application

DecisionDescriptionPERC Vol.PERC IndexDate
2393M County of Sacramento
100.2000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Retroactive Application
Because the Board’s decision does not change a settled rule, overturn prior precedent or a longstanding and widespread practice expressly approved in prior precedent, but instead decides a legal question by elucidating and applying prior precedent, the Board decision is given retroactive effect. more or view all topics or full text.
395410/16/14
1664M City and County of San Francisco
100.2000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Retroactive Application
Although most of the events occurred before July 1, 2001, the Board has authority to adjudicate this charge under the MMBA. more or view all topics or full text.
2823107/27/04

100.2000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Retroactive Application
County not required by MMBA, or by any other authority, to declare an emergency. County's power to do so is therefore discretionary and exercise of authority should be respected unless and until union proved the county abused its discretion. In the absence of evidence to the contrary, it is assumed that a municipal legislative body in enacting an emergency ordinance acted on sufficient inquiry as to whether an emergency existed. more or view all topics or full text.

100.2000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Retroactive Application
Retroactive application of Rodda Act is only invalid if it contravenes provisions of the state or federal constitutions. Since subject of Act and its penalities are civil, not criminal, ex post facto constitutional provisions do not apply. There is nothing unconstitutional about the legislature's enactment. Given retroactive application of provisions of EERA, District may mitigate effect of posted order by inserting language which indicates that its actions were not unlawful when undertaken. more or view all topics or full text.
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
100.2000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Retroactive Application
EERA unfair practice provisions can resolve violations occurring after April 1, 1976. more or view all topics or full text.
136909/02/77
0016E Pasadena Unified School District (Petrone)
100.2000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Retroactive Application
Charge dismissed where alleged unlawful activity occurred prior to effective date of the Act. more or view all topics or full text.
111605/12/77