All notes for Subtopic 100.03000 – Purpose of the Act

DecisionDescriptionPERC Vol.PERC IndexDate
2556M County of San Bernardino
100.3000: 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.
4211403/06/18
2566C Los Angeles County Superior Court
100.3000: 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.
43106/12/18
2540M City and County of San Francisco * * * VACATED IN PART by City and County of San Francisco (2019) PERB Decision No. 2540a-M
100.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Purpose of the Act
One of the central purposes of the MMBA 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.
425010/20/17
A429M City and County of San Francisco
100.3000: 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.
407410/15/15
2462C Service Employees International Union, Local 721 (Oliver)
100.3000: 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.
408911/24/15
I057M City of Fremont
100.3000: 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.
386810/25/13
A418M Workforce Investment Board of Solano County
100.3000: 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.
396511/17/14
2152S State of California (Department of Personnel Administration)
100.3000: 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.
351712/16/10
1978S State of California (Department of Personnel Administration)
100.3000: 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.
3214809/26/08

100.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Purpose of the Act
County rule requiring a petition for modification of a representation unit to show that the "proposed unit must include at least twenty percent (20%) of the employees making up the authorized employee representation unit to be modified is unreasonable. Because the 20 percent rule would frustrate the declared policy of section 3508 which gives peace officers the right to a bargaining unit comprised solely of peace officers, it cannot be upheld as reasonable under section 3507. more or view all topics or full text.

100.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Purpose of the Act
It is indisputable that the procedures set forth in the MMBA are a matter of statewide concern, and are preemptive of contradictory local labor-management procedures. MMBA embodies a statutory scheme in an area of statewide concern that justifies as constitutional the referendum restriction inherent in section 25123, subdivision (e). more or view all topics or full text.

100.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Purpose of the Act
The right to bargain is not the same as the right of self representation. Where a public employer has chosen to bargain exclusively with an employee organization, the scope of the right of self representation is limited to at best the right to a nonenforceable grievance procedure to vent individual concerns. The nature of the right is essentially the right to be heard, with employees retaining the right to be heard through whatever grievance or other administrative appeal and internal communications procedures exist. MMBA does not contain express language granting employees the right to individually bargain nor does anything in the purposes or the legislative history of the MMBA hint at a legislative concern over bargaining relations between an employer and individual employees. more or view all topics or full text.

100.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Purpose of the Act
The MMBA reflects the strong public policy in California favoring peaceful resolution of employment disputes by means of arbitration. The arbitration of disputes regarding promotions is not precluded by the MMBA. more or view all topics or full text.

100.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Purpose of the Act
There is nothing in the language or purpose of the MMBA which preempts the provisions of a city charter from granting the electorate the right to approve "any addition, deletion or modification of benefits of employment." The MMBA does not prescribe the manner in which an agreement between a local government and an employee organization should be put into effect, it is silent as to what occurs after a nonbinding memorandum of understanding is submitted to the governing body "for determination." more or view all topics or full text.

100.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Purpose of the Act
Revocation of union recognition is clearly inconsistent with MMBA provisions guaranteeing public employees the right to be represented by organizations of their own choosing and with the stated purpose of the MMBA: to encourage communication and improve relations between local governments and their employees. The structure and history of the MMBA suggest that the only limitations on the right of employees to participate in the organization of their choice contemplated by the Legislature as "reasonable" were procedural rules relating to the mechanics of selection and recognition of representatives. more or view all topics or full text.
A064E Los Angeles Community College District (Kimmett)
100.3000: 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.
31006804/30/79
A066E Jefferson School District
100.3000: 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.
31008706/29/79
1138Eb Barstow Unified School District
100.3000: 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.
212806803/20/97
0318Ea Pittsburg Unified School District
100.3000: 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.
81506704/02/84