All notes for Subtopic 100.03000 – Purpose of the Act
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2556M | County of San Bernardino 100.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Purpose of the Act Section 3500, subdivision (a), describes the MMBA’s two general purposes: (1) “to promote full communication between public employers and their employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between public employers and public employee organizations”; and (2) “to promote the improvement of personnel management and employer-employee relations within the various public agencies in the State of California by providing a uniform basis for recognizing the right of public employees to join organizations of their own choice and be represented by those organizations in their employment relationships with public agencies.” more or view all topics or full text. | 42 | 114 | 03/06/18 |
| 2566C | Los Angeles County Superior Court 100.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Purpose of the Act The possibility of obtaining better treatment as organized, represented employees is implicit in any collective bargaining scheme. That is precisely the point of collective bargaining. more or view all topics or full text. | 43 | 1 | 06/12/18 |
| 2540M | City and County of San Francisco * * * VACATED IN PART by City and County of San Francisco (2019) PERB Decision No. 2540a-M 100.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Purpose of the Act * * * VACATED IN PART ON OTHER GROUNDS by City & County of San Francisco (2019) PERB Decision No. 2540a-M. * * *One of the central purposes of the Meyers-Milias-Brown Act is to promote full communication between public employers and their employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment. California law is consistent with federal labor precedent in confining legislation on collective bargaining to the procedural aspects of the process, rather than dictating the substantive terms of the parties’ agreement. more or view all topics or full text. | 42 | 50 | 10/20/17 |
| A429M | City and County of San Francisco 100.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Purpose of the Act 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) 100.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Purpose of the Act 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 |
| I057M | City of Fremont 100.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Purpose of the Act The MMBA’s stated purposes are to: (1) promote full communication between public employers and employees; and (2) improve personnel management and employer-employee relations. To accomplish these goals, the Legislature enacted a comprehensive statutory scheme that gives employees of local agencies the right to organize and be represented by employee organizations, and requires employers both to meet and confer in good faith with employee representatives on wages, hours and other working conditions, and to endeavor to reach binding agreements on such matters. The MMBA authorizes local agencies to adopt reasonable rules and regulations for the administration of employer-employee relations, including procedures for recognizing employee representatives as the exclusive bargaining agent for units of employees, as well as for decertifying an exclusive representative organization. That section specifically provides, however, that no public agency shall unreasonably withhold recognition of employee organizations. Moreover, it is an unlawful practice for a public agency to violate its own local rules, or to adopt and enforce local rules not in conformance with the provisions or purposes of the MMBA. The purposes of the MMBA are promoting full communication between public employers and employees and improving personnel management and employer-employee relations by recognizing the right of public employees to join organizations of their own choice and to be represented by these organizations in their employment relationship with public agencies. To achieve these purposes, in 1968 the Legislature established in the MMBA a system of collective bargaining and conferred on employees, employers and employee organizations particular rights and duties. Among those rights and duties are the right of employees to select their representative free of employer interference, and the right of the selected representative to engage the employer in collective negotiations over wages, hours and employment terms and conditions. PERB’s function under MMBA is to exercise its exclusive initial jurisdiction to interpret and administer the statute, including the determination of whether an unfair practice charge is justified and, if so, what remedies are most appropriate to effectuate the proposes of the MMBA. PERB determines in the first instance whether a party’s conduct constitutes a failure to bargain in good faith. PERB’s role as the expert agency charged with administering the MMBA is to initiate and conduct administrative proceedings to determine whether an unfair practice has occurred and what remedy, if any, is appropriate. In so doing, PERB must conduct hearings in order to develop a sufficient factual record to: (1) allow the Board to resolve in a final decision any dispute as to an alleged violation of the MMBA; and (2) allow for meaningful judicial review of a final Board decision. more or view all topics or full text. | 38 | 68 | 10/25/13 |
| A418M | Workforce Investment Board of Solano County 100.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Purpose of the Act In the MMBA, the Legislature enacted a broadly-inclusive scheme for labor relations between California’s public agencies, as defined, and their employees. more or view all topics or full text. | 39 | 65 | 11/17/14 |
| 2152S | State of California (Department of Personnel Administration) 100.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Purpose of the Act 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 |
| 1978S | State of California (Department of Personnel Administration) 100.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Purpose of the Act The Dills Act is a limited delegation of authority by the Legislature to the Governor, allowing DPA, as the State employer's representative, the authority to bargain with the State's unions to determine terms and conditions of employment. The Dills Act does not preclude the Legislature from enacting terms and conditions of employment which, if implemented by DPA without legislative direction, would have been an unfair practice if not negotiated. DPA's implementation of the alternate retirement program amounted to the State's compliance with law as prescribed by the legislative process and not unilateral implementation of a change in policy on the part of the State as employer. more or view all topics or full text. | 32 | 148 | 09/26/08 |
| A064E | Los Angeles Community College District (Kimmett) 100.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Purpose of the Act EERA is limited in scope, regulates only certain conduct by employers and exclusive representatives and does not purport to regulate every aspect of employer's conduct. more or view all topics or full text. | 3 | 10068 | 04/30/79 |
| A066E | Jefferson School District 100.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Purpose of the Act Primary goal of EERA is to provide a uniform basis for recognizing the right of public school employees to join organizations of their own choice. more or view all topics or full text. | 3 | 10087 | 06/29/79 |
| 1138Eb | Barstow Unified School District 100.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Purpose of the Act The fundamental purpose of EERA is to provide for and foster collective bargaining between school district employers and their employees on matters within the scope of representation; p. 23. more or view all topics or full text. | 21 | 28068 | 03/20/97 |
| 0318Ea | Pittsburg Unified School District 100.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Purpose of the Act Where remedy will not effectuate purposes of act, reconsideration is justified. more or view all topics or full text. | 8 | 15067 | 04/02/84 |