All notes for Subtopic 101.01000 – In General
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2868M | * * * JUDICIAL APPEAL PENDING * * * El Camino Healthcare District, El Camino Hospital, and Silicon Valley Medical Development, LLC 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General The MMBA expansively defines a covered “public agency” to include “every governmental subdivision, every district, every public and quasi-public corporation, every public agency and public service corporation and every town, city, county, city and county and municipal corporation, whether incorporated or not and whether chartered or not.” (MMBA, § 3501(c).) PERB interprets “governmental subdivisions” covered under MMBA section 3501(c) to correspond to “political subdivisions” excluded from the NLRA under 29 United States Code section 152(2). (National Labor Relations Bd. v. Natural Gas Utility Dist. of Hawkins County, Tenn. (1971) 402 U.S. 600; Central Contra Costa Transit Authority (2012) PERB Decision No. 2263-M, p. 25; El Camino Hospital District (2009) PERB Decision No. 2033-M, pp. 17-18.) (pp. 25-26.) more or view all topics or full text. | 48 | 36 | 08/15/23 |
| 2880H | Regents of the University of California 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General Although federal judicial and administrative precedent is not binding on PERB, it often provides persuasive guidance in construing California’s public sector labor relations statutes. (p. 9, fn. 5.) more or view all topics or full text. | 48 | 71 | 10/24/23 |
| 2822E | Victor Valley Union High School District 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; 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 |
| 2795E | * * * JUDICIAL APPEAL PENDING * * * Alliance Marc & Eva Stern Math & Science High School et al. 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General PERB lacks authority to rule on constitutional issues because the California Constitution prohibits an administrative agency from declaring a statute unconstitutional, and from refusing to enforce a statute on constitutional grounds unless an appellate court has ruled the statute is unconstitutional. (p. 42.) more or view all topics or full text. | 46 | 82 | 11/03/21 |
| 2756H | Regents of the University of California 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General PEDD section 3550 creates a new and more robust protection that is not subject to the free speech safe harbor of HEERA section 3571.3. (p. 7.) more or view all topics or full text. | 45 | 82 | 03/01/21 |
| 2755H | Regents of the University of California 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General PEDD section 3550 is not subject to the free speech safe harbor limitations of HEERA section 3571.3 because it does not duplicate the interference standard. (p. 28.) By the plain language of the statutes, section 3550 is not limited by section 3571.3. (p. 29.) Because the PEDD is in its own chapter separate from HEERA, section 3571.3 by its plain terms does not apply to conduct subject to section 3550. (p.30.) This interpretation is also supported by the overall statutory framework, precedent, legislative history, and longstanding labor law principles. more or view all topics or full text. | 45 | 81 | 03/01/21 |
| 2745M | County of Sacramento 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General Changes to job specifications, including training and certification requirements, are within the scope of representation unless the change is imposed by an outside agency or required to comply with an inflexible law or other immutable provision. (pp. 17-18.) Exception did not apply when State law set specific requirements for certain emergency personnel but did not discuss dispatchers at issue. (pp. 18-19.) Exception did not apply where a local agency, although granted authority to establish the policies and procedures at issue, was not an outside agency but a department of the same agency. (pp. 19-20.) more or view all topics or full text. | 45 | 39 | 09/18/20 |
| 2702M | City of Sacramento 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General Although federal judicial and administrative precedent is not binding on PERB, it often provides persuasive guidance in construing California’s public sector labor relations statutes. (p. 9, fn. 13.) more or view all topics or full text. | 44 | 153 | 03/25/20 |
| 2674M | Orange County Employees Association (Hamilton) 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General Analogous federal precedent, while not controlling, often provides persuasive guidance in construing California’s public sector labor relations statutes. (p. 7, fn. 7.) more or view all topics or full text. | 44 | 76 | 10/15/19 |
| 2670M | County of Santa Clara 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General The Legislature’s failure to address successorship in the MMBA does not mean it intended to prohibit application of the successorship doctrine to local public agencies. Legislative silence is not the equivalent of positive legislation. (p. 18.) Because the NLRA and MMBA similarly protect employees’ rights to bargain collectively through an employee representative of their own choosing and bar employers from refusing to negotiate with their employees’ chosen representative, there is no statutory reason to preclude application of the successorship doctrine in California’s public sector. (pp. 18-19.) However, differences between private and public sector employment require a more flexible accretion policy in the public sector to ensure that bargaining units are appropriately and rationally structured. (p. 19.) more or view all topics or full text. | 44 | 67 | 09/20/19 |
| 2670M | County of Santa Clara 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General The federal presumption in favor of single facility bargaining units in the healthcare industry is incompatible with PERB’s preference for broad bargaining units in the public sector. (p. 27, fn. 24.) PERB seeks to avoid both unit fragmentation and proliferation to protect employee representation rights and to balance those rights with public employers’ interest in maintaining operational efficiency. (p. 27.) The final question in successorship analysis is therefore whether accreting the new employees to the successor’s existing units is appropriate. (Ibid.) more or view all topics or full text. | 44 | 67 | 09/20/19 |
| 2670M | County of Santa Clara 1101.01000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; In General 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General Though PERB may look to analogous federal precedent for guidance in construing California’s public sector labor relations statutes, it is not controlling authority. Thus, when federal law and the PERB-administered statutes serve dissimilar purposes, we are not constrained to follow federal precedent. (p. 28.) more or view all topics or full text. | 44 | 67 | 09/20/19 |
| A452E | Fairfield-Suisun Unified School District 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General The Board denied an appeal from an administrative determination which denied a severance petition that sought to sever speech-language pathologists from a school district’s other certificated employees, based on societal changes that have occurred in special education and speech-pathology. The community of interest among certificated employees is implicit in the statutory guidelines used for evaluating all certificated personnel, as set forth in the Stull Act, Education Code Article 5.5, sections 13485 through 13490, which are not used for evaluating classified personnel. (p. 4.) Additionally, the distinction between certificated and classified personnel in public education is not simply a standard imposed by PERB Regulations and decisional law, but a statutory distinction set forth in EERA and the Education Code, which, in the absence of legislative action, PERB is not authorized to ignore. (pp. 3-5.) more or view all topics or full text. | 42 | 34 | 08/16/17 |
| 2566C | Los Angeles County Superior Court 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General The Board must attempt to harmonize, when possible, the various statutes under its jurisdiction. more or view all topics or full text. | 43 | 1 | 06/12/18 |
| 2566C | Los Angeles County Superior Court 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General The Board does not have authority to enforce article 5 of the Trial Court Act. more or view all topics or full text. | 43 | 1 | 06/12/18 |
| 2548E | Lake Elsinore Unified School District (Edwards) 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General Where Charging Party’s discrimination allegation turns on a matter of law outside PERB’s traditional expertise, i.e., whether the public school employer complied with state law and/or regulations governing certificated employee retirement credit, the appropriate question is not which of two competing interpretations of external law is the more plausible, but whether the language in dispute is reasonably susceptible to the charging party’s interpretation and whether that interpretation supports a viable, i.e., non-frivolous, legal theory of an unfair practice or other violation of a PERB-administered statute. Where the investigation of an unfair practice charge results in receipt of conflicting allegations of fact or contrary theories of law, fair proceedings, if not due process, demand that a complaint be issued and the matter be sent to formal hearing to test a novel theory or competing theories of law, so long as the theory advanced is “viable,” i.e. non-frivolous. The Board is necessarily cautious about rejecting allegations involving statutory, decisional, regulatory, or other authority outside PERB’s jurisdiction and special expertise in labor relations, particularly when the area of external law is itself unsettled. more or view all topics or full text. | 42 | 102 | 02/02/18 |
| 2548E | Lake Elsinore Unified School District (Edwards) 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General Although the charge relied extensively on the Education Code and other matters outside PERB’s jurisdiction, because it alleged that a public school district employer had denied charging party retirement or other employment benefits to which she was legally entitled because of her protected activity, the matter constitutes an unfair practice allegation within PERB’s legislatively designated field of expertise. (p. 12.) The Office of the General Counsel correctly determined that while PERB has no authority to enforce or order remedies for violations of the Education Code, the Board and its agents may interpret the provisions of the Education Code or other matters of external law where necessary to administer EERA or to harmonize it with external law. (pp. 11-12.) 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. (p. 11.) more or view all topics or full text. | 42 | 102 | 02/02/18 |
| 2544E | Bellflower Unified School District 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General The Board rejected a school district’s exception that a Board-ordered remedy including restoration of the status quo and make-whole relief conflicted with federal law governing special education. The district’s statement of exceptions and supporting brief included no citation to any provision of the federal statute or decisional law interpreting it, and the district failed to explain how PERB’s customary remedy for a unilateral change would conflict with federal law. The district’s filing both failed to comply with the requirements of PERB Regulation 32300 governing exceptions, and, even if considered, had no merit. Unless a remedial measure positively conflicts with “inflexible standard[s]” or “immutable provisions” set by external law, the fact that it affects matters normally within the jurisdiction of another tribunal does not, by itself, make PERB’s remedy improper. (pp. 10-11.) more or view all topics or full text. | 42 | 70 | 12/15/17 |
| 2532C | Sonoma County Superior Court 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General Unlike EERA and the MMBA, the Trial Court Act is both a collective bargaining law and an employment rights statute. Read as a whole, the Act establishes a “floor” of certain guaranteed employment rights and benefits and assures the rights of employee organizations to meet and confer regarding those rights and benefits, provided they are within the scope of representation as defined in Trial Court Act section 71634. more or view all topics or full text. | 42 | 6 | 06/27/17 |
| 2532C | Sonoma County Superior Court 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General The presence of a union representative in an interactive process meeting convened to explore possible reasonable accommodations for an employee’s disability is not precluded by regulations interpreting the Fair Employment and Housing Act. more or view all topics or full text. | 42 | 6 | 06/27/17 |
| 2517C | Fresno County Superior Court * * * VACATED IN PART by Fresno County Superior Court (2019) PERB Decision No. 2517a-C 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General * * * VACATED IN PART ON OTHER GROUNDS by Fresno County Superior Court (2019) PERB Decision No. 2517a-C. * * *The Legislature directed that complaints alleging any violation of the Trial Court Act or of any local rules and regulations adopted by a trial court be investigated as an unfair practice charge and that PERB apply and interpret unfair labor practices consistent with existing judicial interpretations of the Meyers-Milias-Brown Act, where the language of the two statutes are the same or substantially similar. In light of this legislative delegation of authority, PERB concluded that its adjudication of unfair practice allegations under the Trial Court Act does not violate the constitutional separation of powers doctrine nor invade the province of Superior Court judges to control their courtrooms. (p. 9.) more or view all topics or full text. | 41 | 140 | 02/27/17 |
| 2536M | City and County of San Francisco 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General The right to strike secured by the MMBA is a matter of statewide concern and is not subject to prohibition under the constitutional home rule doctrine. more or view all topics or full text. | 42 | 14 | 06/30/17 |
| 2464M | City of San Diego * * * Affirmed, 5 Cal.5th 898 (2018). Remedy modified by City of San Diego (2019) PERB Decision No. 2464a-M * * * 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General Whether a mayor or other city officials and employees complied with other laws, regulations or policies does not determine the lawfulness of the City’s conduct under the MMBA. The constitutional right of a local electorate to legislate by initiative, like the home rule authority of a charter city, extends only to municipal affairs and, as such, it is preempted by general laws affecting matters of statewide concern such as the MMBA. In the absence of controlling appellate authority directing PERE that the meet-and-confer process is constitutionally infirm or preempted by the local initiative process, PERB will follow the MMBA and its case law requiring public employers to meet and confer with employee representatives before deciding to alter negotiable matters. more or view all topics or full text. | 40 | 108 | 12/29/15 |
| A437H | Regents of the University of California and Teamsters Clerical, Local 2010 (Polk) 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General PERB is a public entity which must make reasonable modifications in policies, practices, or procedures to accommodate individuals with disabilities, unless it can be demonstrated that making such modifications would result in undue financial and administrative burdens or would fundamentally alter the nature of the service, program, or activity offered. While charging party provided PERB’s Appeals Office with documentation of her medical impairments or conditions and restrictions, that documentation did not explain how granting a fifth extension of time (which extended beyond her return-to-work dates on previous medical releases) would enable her to complete the appeals process, given that the previous four extensions of time granted by PERB had not been sufficient to enable her to complete and file an appeal from dismissal of her unfair practice charges. For this reason, PERB was unable to assess the reasonableness of granting the charging party’s request for another extension of time and denied her appeal from the Appeals Assistant’s administrative determination. more or view all topics or full text. | 40 | 177 | 05/09/16 |
| A423M | City of Folsom 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General Factfinding is available for any dispute over any matter within the scope of representation, so long as the employee organization’s request is timely and the dispute is not subject to statutory exceptions. Factfinding is not limited to disputes over a comprehensive memorandum of understanding. Because the representative’s request was timely, involved a dispute over negotiable matters and did not fall within one of the statutory criteria, the Board affirmed an administrative determination that factingfinding was appropriate. PERB does not conduct or oversee the factfinding process nor determine the issues to be presented at factfinding. The Board’s role is generally limited to whether a request meets the statutory criteria. Because the representative’s request was timely, involved a dispute over negotiable matters and did not fall within one of the statutory criteria, the Board affirmed an administrative determination that factfinding was appropriate. The Board need not invoke its unfair practice jurisdiction to decide whether a dispute is appropriate for factfinding under MMBA section 3505.4. more or view all topics or full text. | 39 | 184 | 06/11/15 |
| 2423M | County of San Bernardino (Office of the Public Defender) 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General Publically employed attorneys have rights under the MMBA. PERB’s assertion of jurisdiction does not interfere with the ability of the Supreme Court of California or the State Bar of California to regulate the practice of law under the State Bar Act (Bus. & Prof. Code, § 6000 et seq.), the Rules of Professional Conduct or the California Rules of Court, because resolution of this dispute does not regulate the practice of law. Under the constitutional doctrine of separation of powers, the courts have inherent and primary regulatory power over the practice of law. PERB has no power to regulate the practice of law. more or view all topics or full text. | 39 | 165 | 05/15/15 |
| 2381E | Monterey Peninsula Unified School District 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General Constitutional due process rights are beyond PERB’s remit to enforce. PERB only has jurisdiction to enforce the statutes it is charged with administering and has no jurisdiction to enforce constitutional protections. more or view all topics or full text. | 39 | 12 | 06/27/14 |
| 2278E | San Bernardino City Unified School District 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General PERB has no power to review allegations of age, race, or gender discrimination. Dismissal of charge alleging that 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 |
| 2103M | City of San Diego (Office of the City Attorney) * * * OVERRULED IN PART by City of Sacramento (2013) PERB Decision No. 2351-M 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General * * * OVERRULED IN PART ON OTHER GROUNDS by City of Sacramento (2013) PERB Decision No. 2351-M. * * *A City Charter section providing that the city attorney is the “chief legal advisor of, and attorney for the City and all Departments and offices thereof in matters relating to their official powers and duties,” does not provide the city attorney authority to disregard state labor statutes. more or view all topics or full text. | 34 | 63 | 03/26/10 |
| 2018S | State of California (Department of Personnel Administration) 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General PERB’s jurisdiction is limited and does not include the enforcement of other independent statutory schemes. Therefore, PERB lacks the jurisdiction over alleged labor code disputes. more or view all topics or full text. | 33 | 71 | 04/07/09 |
| 2085S | State of California (Department of Personnel Administration) 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General PERB lacked jurisdiction over allegation that statutory change to method of overtime calculation for State employees impaired contract between employee organization and the State in violation of the California Constitution. more or view all topics or full text. | 34 | 24 | 12/22/09 |
| 2046E | Alvord Educator's Association (Bussman) 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General Allegations that Respondent made defamatory comments about Charging Party, damaging his reputation, are not within PERB jurisdiction unless they also allege an independent violation of the EERA. more or view all topics or full text. | 33 | 128 | 06/30/09 |
| 2011E | Los Angeles Unified School District 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General Allegations regarding violations of the Education Code and First Amendment, and discrimination claims under the Fair Employment and Housing Act, are not within PERB jurisdiction unless they also allege an independent violation of the EERA. more or view all topics or full text. | 33 | 55 | 03/13/09 |
| 1967S | State of California (Department of Corrections) 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General The Board rejected the State’s argument that neither the Dills Act nor the MOU create barriers that prevent CDCR from addressing “life and death” matters in the prison system, and it had no obligation to bargain with UAPD before entering into a stipulation or consent decree. In the court case, the judge refused to set aside an order as a bar to Dills Act claims and the State itself acknowledged that it did not intend for the order to release it from its bargaining obligation. more or view all topics or full text. | 32 | 109 | 06/27/08 |
| 1919M | Inlandboatmans Union of the Pacific (Treas) 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General While transit districts, with their own statutorily prescribed method of administering employer-employee relations, are not subject to the MMBA (see Rae v. Bay Area Rapid Transit Supervisory Etc. Assn. (1980) 114 Cal.App.3d 147, 251 (170 Cal.Rptr. 448)), the Golden Gate Transportation District (the employer in this case) is a "public agency" within the meaning of MMBA section 3501(c). Therefore, the Board has jurisdiction to decide this case involving the "recognized employee organization" (Inlandboatsmans Union of the Pacific) under MMBA section 3501(b). more or view all topics or full text. | 31 | 138 | 08/10/07 |
| 1909M | San Diego Trolley, Inc. 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General A transit district that has its own statutorily prescribed scheme of administering its employer-employee relations is not subject to the MMBA. The employer's labor relations statute in this case is located in the PUC, therefore PERB does not have jurisdiction in this matter. The issue of jurisdiction was not raised nor analyzed in Golden Empire Transit District (2004) PERB Decision No. 1704-M. Thus, the holding in that case does not require a finding that PERB has jurisdiction in the instant case. There is no authority to support the argument that where the enabling statute (in the PUC) for administering a transit district's employer-employee relations does not allow for the filing of unfair practice charges, then the district is governed by the MMBA. more or view all topics or full text. | 31 | 112 | 06/18/07 |
| 1885E | Kern High Faculty Association, CTA/NEA (Maaskant) 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General The Board lacks jurisdiction over alleged constitutional violations. more or view all topics or full text. | 31 | 63 | 02/14/07 |
| 1782C | Lake County Superior Court 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General Pursuant to Government Code section 71655, PERB lacks jurisdiction to enforce due process violations in connection with disciplinary decisions under Article 5 of the Trial Court Act. more or view all topics or full text. | 30 | 7 | 11/01/05 |
| 1762S | State of California (Department of Consumer Affairs) 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General The Board lacks jurisdiction to address claims of race or gender discrimination unless they also allege an independent violation of the Dills Act. more or view all topics or full text. | 29 | 121 | 04/15/05 |
| 1701E | Options for Youth-Victor Valley, Inc. 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General Under California Constitution Article 3, section 3.5, the Board may not refuse to enforce the provisions of EERA on the grounds that it is preempted by federal law, namely Section 2(2) of the National Labor Relations Act, which defines “employer” under the federal act. Only an appellate court may make such a determination. OFY is not precluded from raising the federal preemption issue before PERB in order to preserve the issue for review in State court more or view all topics or full text. | 29 | 4 | 11/05/04 |
| 1704M | Golden Empire Transit District 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General The Public Records Act, Govt. Code sections 6250 et seq. does not apply to public employees under the MMBA more or view all topics or full text. | 29 | 7 | 11/08/04 |
| 1620M | Alameda County Medical Center 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General When interpreting MMBA, it is appropriate to take guidance from cases interpreting the National Labor Relations Act and California labor relations statutes with parallel provisions. MMBA section 3505 closely parallels Dills Act section 3517 and EERA section 3543.3. more or view all topics or full text. | 28 | 142 | 04/21/04 |
| 1698M | City of San Rafael 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; 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 |
| 1491S | State of California (State Personnel Board) 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General Although the Board does not have jurisdiction to rule on the constitutionality of the SPB’s actions, the Board may harmonize provision of the laws under its jurisdiction with other laws. more or view all topics or full text. | 26 | 33102 | 07/18/02 |
| 1467Ea | San Diego Community College District 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General The Board cannot consider the Guild’s argument that Education Code section 7054 constitutes an unconstitutional infringement on the first amendment. Under the California Constitution, administrative agencies have no power to declare statutes unconstitutional absent appellate authority. more or view all topics or full text. | 27 | 55 | 04/18/03 |
| 0868E | Whisman Elementary School District 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General While PERB has no jurisdiction to enforce provisions of the Education Code, it has jurisdiction to interpret the Education Code as necessary to carry out its duty to administer EERA; p. 13. Where EERA and the Education Code address same or similar subjects, the Board seeks a resolution which harmonizes the legislative intent underlying both; p. 13. more or view all topics or full text. | 15 | 22043 | 02/14/91 |
| 0787S | State of California (Department of Personnel Administration) 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General The Dills Act must be construed in a manner which leaves intact its constitutionality and which gives the plain meaning to the words of the statute. Because the Dills Act was enacted with the merit principles, as defined in the Constitution, clearly in mind, as long as the application of 3513(c) does not run counter to the constitutional provisions regarding civil service, there is no conflict. more or view all topics or full text. | 14 | 21040 | 01/11/90 |
| 1735S | State of California (Department of Transportation) 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General The Board lacks jurisdiction over the United States and California Constitutions, and various sections of the California Government Code unless these violation of those provisions also allege independent violations of the Dills Act. more or view all topics or full text. | 29 | 55 | 01/19/05 |
| 0375E | Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General The courts have consistently held that the existence of comprehensive legislation prohibiting both categorical discrimination and discrimination for union activity does not preclude enforcement of those rights through the collective bargaining process; p. 12. more or view all topics or full text. | 8 | 15021 | 01/05/84 |
| 0327S | State of California (Department of Personnel Administration) 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General EERA policy in Pittsburg USD (1978) Ad-49, regarding no perfection time for filing proof of support, applies to Dills cases. more or view all topics or full text. | 7 | 14200 | 07/14/83 |
| 0318Ea | Pittsburg Unified School District 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General Personnel action held valid under Education Code by court is not dispositive of EERA question as to whether such action maybe taken unilaterally. more or view all topics or full text. | 8 | 15067 | 04/02/84 |
| 0255E | San Bernardino City Unified School District 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General Negotiability of a proposal is not precluded by the Education Code, so long as the proposal does not directly conflict with the Code; pp. 8-9 Unless language in the Education Code clearly evidences an intent to set an inflexible standard or insure immutable provisions, the negoti- ability of a proposal is not precluded; p. 9. more or view all topics or full text. | 6 | 13249 | 10/29/82 |
| 0250E | Holtville Unified School District 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General Employer's obligation to bargain mandatory retirement does not conflict with Education Code section 44906; negotiations are precluded only where the statutory language demonstrates a legislative intent to establish a specific and unalterable provision, and contract proposals would replace or annul such provisions...; p. 11. more or view all topics or full text. | 6 | 13235 | 09/30/82 |
| 0127S | State of California (Department of Corrections) (California Correctional Officers Association) 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General Board will look to cases interpreting EERA to interpret similar sections of the Dills Act; p. 3. more or view all topics or full text. | 4 | 11079 | 05/05/80 |
| 0099E | Richmond Unified School District/Simi Valley Unified School District 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General Attorney general's interpretation of analagous provision in Meyers- Milias-Brown Act supports interpretation that EERA section 3543.1(b) requires union access of internal mail system; pp. 10-11. more or view all topics or full text. | 3 | 10105 | 08/01/79 |
| 0012E | San Juan Unified School District 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General EERA not an exception to Public Records Act 6253(a). Union's attempt to obtain the withdrawal of proof-of-support signatures is not a per se violation of EERA. more or view all topics or full text. | 1 | 77 | 03/10/77 |