All notes for Subtopic 101.03000 – NLRA/LMRDA Precedent
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2855E | The Accelerated Schools 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent California public sector labor relations precedent frequently protects employee and union rights to a greater degree than does federal precedent governing private sector labor relations, and PERB considers federal precedent only for its potential persuasive value. (Operating Engineers Local Union No. 3 (Wagner et al.) (2021) PERB Decision No. 2782-M, p. 9, fn. 10.) (p. 21, fn. 13.) more or view all topics or full text. | 47 | 139 | 03/17/23 |
| 2770M | City of Bellflower 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent Although California public sector labor relations precedent frequently protects employee and union rights to a greater degree than does federal precedent, where California statutory provisions are akin to those found in federal law, we consider federal precedent for its potential persuasive value. (City of Santa Monica (2020) PERB Decision No. 2635a-M, p. 47, fn. 16; Contra Costa Community College District (2019) PERB Decision No. 2652, p. 27, fn. 17; see also Social Workers’ Union, Local 535 v. Alameda County Welfare Dept. (1974) 11 Cal.3d 382, 391 [when interpreting California public sector labor relations laws, federal precedent is a “useful starting point,” but it does “not necessarily establish the limits of California public employees’ representational rights”].) more or view all topics or full text. | 45 | 119 | 06/08/21 |
| A427E | Poway Unified School District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent NLRA precedent is not binding on PERB, even when interpreting analogous provisions. more or view all topics or full text. | 40 | 35 | 06/29/15 |
| 2822E | Victor Valley Union High School District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent Although California public sector labor relations precedent frequently protects employee and union rights to a greater degree than does federal precedent governing private sector labor relations, PERB considers federal precedent for its potential persuasive value. more or view all topics or full text. | 47 | 11 | 06/14/22 |
| 2544Ea | Bellflower Unified School District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent Although California public sector labor relations precedent frequently protects employee and union rights to a greater degree than does federal precedent governing private sector labor relations, we consider federal precedent for its potential persuasive value. (Operating Engineers Local Union No. 3, AFL-CIO (Wagner, et al.) (2021) PERB Decision No. 2782-M, p. 9, fn. 10.) more or view all topics or full text. | 46 | 143 | 03/24/22 |
| 2809E | * * * JUDICIAL APPEAL PENDING * * * Alliance Judy Ivie Burton Technology Academy High School et al. 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent PERB is not bound by NLRB precedent. EERA generally provides greater protection to representational rights than the NLRA. PERB may refer to NLRB precedent interpreting the NLRA to the extent we find it persuasive and consistent with the language and purposes of EERA. (Capistrano Unified School District (2015) PERB Decision No. 2440, pp. 28-29.) Moreover, when PERB does find federal authority persuasive on a particular issue, PERB is not automatically bound by subsequent developments in federal law on that point because the determinative issue is whether the cases are consistent with the language and purposes of EERA. (Ibid.) more or view all topics or full text. | 46 | 131 | 02/28/22 |
| 2782M | Operating Engineers Local Union No. 3, AFL-CIO (Wagner et al.) 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent Although California public sector labor relations precedent frequently protects employee and union rights to a greater degree than does federal precedent governing private sector labor relations, PERB considers federal precedent for its potential persuasive value. (City of Santa Monica (2020) PERB Decision No. 2635a-M, p. 47, fn. 16; City of Commerce (2018) PERB Decision No, 2602-M, pp. 9-11; see also Social Workers’ Union, Local 535 v. Alameda County Welfare Dept. (1974) 11 Cal.3d 382, 391 [when interpreting California public sector labor relations laws, federal precedent is a “useful starting point,” but it does “not necessarily establish the limits of California public employees’ representational rights”]; County of San Joaquin (2021) PERB Decision No. 2761-M, pp. 24, 33, 40 & 45-48 (judicial appeal pending) [considering private sector labor law precedent for its persuasive value while noting certain differences in California public sector labor law precedent]; City of Bellflower (2020) PERB Order No. Ad-480-M, p. 11 [both “statutory differences and distinct principles relevant to agencies serving the public” have “frequently led the Board to craft sui generis precedent”].) more or view all topics or full text. | 46 | 35 | 07/26/21 |
| 2771M | City of Long Beach 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent Although California public sector labor relations precedent frequently protects employee and union rights to a greater degree than does federal precedent, where California statutory provisions are akin to those found in federal law, we consider federal precedent for its potential persuasive value. (City of Santa Monica (2020) PERB Decision No. 2635a-M, p. 47, fn. 16; Contra Costa Community College District (2019) PERB Decision No. 2652, p. 27, fn. 17; see also Social Workers’ Union, Local 535 v. Alameda County Welfare Dept. (1974) 11 Cal.3d 382, 391 [when interpreting California public sector labor relations laws, federal precedent is a “useful starting point,” but it does “not necessarily establish the limits of California public employees’ representational rights”].) more or view all topics or full text. | 46 | 1 | 06/09/21 |
| 2610H | Regents of the University of California (Berkeley) (University Council-American Federation of Teachers) 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent PERB and California courts have often looked to private-sector precedent under the National Labor Relations Act and/or California’s Agricultural Labor Relations Act as persuasive authority for interpreting parallel provisions in the PERB-administered statutes or doctrines borrowed from private-sector decisional law and codified in our statutes. However, while federal authorities “undoubtedly provide a useful starting point,” they “do not necessarily establish the limits of California public employees’ representational rights” (Social Workers’ Union, Local 535 v. Alameda County Welfare Dept. (1974) 11 Cal.3d 382, 391), and PERB is not constrained by private-sector precedent where our statutes differ from federal law or serve a dissimilar purpose. In each instance, the touchstone for whether private-sector decisional law or other foreign authority is applicable to California public-sector labor relations is whether its underlying reasoning is consistent with the language, policies and purposes of the PERB-administered statutes. (p. 51.) more or view all topics or full text. | 43 | 100 | 12/19/18 |
| 2702M | City of Sacramento 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent 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 |
| 2635Ma | City of Santa Monica 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent Although PERB precedent protects representational rights to a greater extent than corresponding precedent under federal law governing private sector labor relations, PERB considers relevant federal precedent for its persuasive value when it is consistent with California authority. (Contra Costa Community College District (2019) PERB Decision No. 2652, p. 27, fn. 17.) more or view all topics or full text. | 44 | 125 | 01/22/20 |
| 2674M | Orange County Employees Association (Hamilton) 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent 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 |
| 2667P | San Diego Metropolitan Transit System 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent The Public Utilities Code’s transit district enabling acts generally grant SMCS jurisdiction to resolve questions concerning representation (QCR), including determinations of appropriate bargaining units. (p. 17.) Under PERB Regulation 93080, when deciding transit district representation cases, the Board shall apply relevant federal law and administrative practice developed under the Labor Management Relations Act, 1947, as amended. (p. 17.) In doing so, the Board shall apply federal law under the LMRA unless (1) the question presented is governed by an explicit provision of the applicable transit district act, or (2) considerations unique to public sector labor relations require deviation from federal law. (pp. 17-18.) more or view all topics or full text. | 44 | 60 | 09/06/19 |
| 2670M | County of Santa Clara 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent 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 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent 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 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent 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 |
| 2650P | San Joaquin Regional Transit District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent In enacting the various Public Utilities Code transit district acts, the Legislature took three different approaches to how federal law would guide determinations of appropriate bargaining units and other representation matters. Some of these acts provide that SMCS “shall apply” relevant federal law, while others say SMCS “shall be guided by” relevant federal law. The third approach, covering four transit districts, omits any reference to federal law, and instead directs SMCS to establish appropriate bargaining unit “boundaries.” more or view all topics or full text. | 44 | 11 | 06/21/19 |
| 2650P | San Joaquin Regional Transit District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent PERB Regulation 93090 provides that in resolving questions of representation with regard to Public Utilities Code-established transit districts, “the Board shall apply the relevant federal law and administrative practice developed under the Labor Management Relations Act [LMRA], 1947, as amended.” In deciding whether federal law is “relevant” to the question presented in a particular case, PERB Regulation 93080 “does not demand slavish adherence to the LMRA.” (See Santa Clara Valley Transp. Auth. v. Rea (2006) 140 Cal.App.4th 1303, 1319 [interpreting language in PUC section 100301 identical to that in PERB Reg. 93080].) Under PERB Regulation 93080, federal law is relevant, and therefore must be applied, unless (1) the question presented is governed by an explicit provision of the applicable transit district statute or (2) considerations unique to public sector labor relations require a deviation from federal law. more or view all topics or full text. | 44 | 11 | 06/21/19 |
| 2602M | City of Commerce 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent When asked to follow private-sector authority, the Board must determine whether the underlying reasoning is consistent with the language and policies of the PERB-administered statutes. more or view all topics or full text. | 43 | 89 | 12/11/18 |
| A459H | Regents of the University of California * * * SUPERSEDED, IN PART, by PERB Regulation 32700, effective 2/15/2021 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent * * * SUPERSEDED IN PART ON OTHER GROUNDS by PERB Regulation 32700, effective 2/15/2021. * * *While the Board often looks to NLRB practices and precedents for guidance when interpreting the statutes within its jurisdiction, this guidance may have limited value when the Board’s regulations diverge from the NLRB’s. more or view all topics or full text. | 42 | 91 | 01/19/18 |
| 2440E | Capistrano Unified School District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent The federal Weingarten doctrine and other non-California authorities must be harmonized with the language and purposes of the PERB administered statutes. Where California statutes provide for broader rights not found in the federal private sector law, the Board must follow the intent of the Legislature to effectuate the purposes of the statute. Where PERB chooses to follow federal authority on an issue, it is not automatically bound by subsequent developments in federal law on that point. The touchstone for whether private-sector decisional law or any other authority is applicable to the PERB-administered statutes is whether the underlying reasoning is consistent with the language and policies of the California statutes. It was not reversible error for the ALJ to rely on federal authority that is no longer controlling federal law because the underlying reasoning was consistent with the language and purposes of EERA and because the ALJ also relied on controlling PERB authority for the same point of law. Although California has generally imbibed the federal policy, as it applies to the scope of representation under the Weingarten decision, the representational rights of public-sector employees in California, and of employee organizations to represent them, have statutory bases and judicial approval which are independent from, and broader than, the "mutual aid or protection" language of section 7 of the NLRA on which Weingarten was decided. It was not reversible error for ALJ to rely on some federal authorities which have since been disavowed, because the underlying reasoning of those authorities was consistent with the language, policies and purposes of EERA and because the ALJ also relied on controlling PERB authority for the same point of law. more or view all topics or full text. | 40 | 24 | 06/30/15 |
| 2313E | Rio Hondo Community College District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent The ALJ relied properly on NLRB authority finding negotiable an employer’s use of surveillance cameras in the work place. (Colgate-Palmolive Co. (1997) 323 NLRB 515.) The District distinguishes this NLRB decision on the ground that the surveillance cameras in question were hidden and that the premises in question were private. Such distinctions (overt vs. covert cameras, and public vs. private premises) are of no moment when assessing whether workplace surveillance of employees presents issues appropriate for meeting and negotiating the effects of an employer’s decision to install security cameras. more or view all topics or full text. | 37 | 197 | 03/21/13 |
| A367S | State of California (Information Technology Bargaining Unit 22 and Service Employees International Union Local 1000/California State Employees Association) 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent It is well settled that although not bound, PERB will take cognizance of NLRB decisions where appropriate as an aid in interpreting identical or analogous provisions of the statutes. Additionally, NLRB’s experience with doctrines developed in a series of cases rather than codified in a federal statute or regulation can be considered where such doctrines are used as a prototype or model for California labor enactments. Legally, there is no basis to take cognizance of these cases given there are no parallel state and federal laws regarding the revocation of authorization signatures being interpreted. Similarly, these cases involve no case doctrine validating signature revocations which has been used as a prototype for PERB regulations. more or view all topics or full text. | 31 | 154 | 11/06/07 |
| 1701E | Options for Youth-Victor Valley, Inc. 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent 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 |
| 1620M | Alameda County Medical Center 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent 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 |
| 1564E | Long Beach Community College District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent Board found EERA section 3541.5(a) essentially codifies the policy developed by the National Labor Relations Board (NLRB). Therefore, it is appropriate to look to the private sector and the NLRB for guidance in interpreting this statute. more or view all topics or full text. | 28 | 27 | 12/08/03 |
| 1547E | Ventura County Community College District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent NLRA precedent may be relief upon to the extent issues being addressed are similar even if underlying statute is different (fn. 8, p. 22). more or view all topics or full text. | 27 | 133 | 09/24/03 |
| A315E | Salinas Union High School District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent Based on fundamental differences between the NLRA and EERA, the Board declines to apply NLRB unit clarification precedent, which would bar the granting of a unit modification without an election, to PERB unit modification proceedings. Under the NLRA, only an election determines the union’s majority status, it cannot be determined through the NLRB’s administratively required showing of interest whereas under the EERA, the statute itself calls for representation petitions to be supported by majority support and PERB regulations specifically contemplate the Board’s discretion to conduct an election or grant a petition without an election. more or view all topics or full text. | 26 | 33075 | 06/06/02 |
| 1473S | State of California (Department of Food and Agriculture) 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent EERA section 3541.5 essentially codified the NLRB’s deferral policy as articulated in Collyer Insulated Wire (1971) 192 NLRB 837 [77 LRRM 1931]. more or view all topics or full text. | 26 | 33036 | 01/31/02 |
| A261E | Capistrano Unified School District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent In deciding contract bar disputes, the Board has found that federal precedent under the NLRA provides significant guidance; p. 9. While the Board has not adopted the NLRB's contract bar rules in total, the Board has determined that it is appropriate to consider federal precedent and policy in interpreting contract bar statutes and regulations under the acts administered by PERB; p. 10. more or view all topics or full text. | 18 | 25147 | 10/12/94 |
| A226E | Gilroy Unified School District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent PERB looks for guidance to federal labor law decisions in election objection cases. more or view all topics or full text. | 16 | 23007 | 12/12/91 |
| A191S | State of California (Department of Personnel Administration) (California Union of Safety Employees and California State Peace Officers Association) 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent Appropriate to look to NLRB precedent for guidance where the federal rule has been the prototype for California labor legislation, and particularly regarding contract bar rule: p. 6; PERB has followed much of NLRB's contract bar doctrine, but has declined to follow it in toto; p. 7, fn. 4. more or view all topics or full text. | 13 | 20174 | 08/24/89 |
| 1267E | Los Angeles Unified School District and Busdrivers Association for Unity and Service Employees International Union Local 99 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent While NLRB cases may be instructive, they certainly are not controlling when PERB interprets provisions of EERA which are dissimilar to the NLRA. more or view all topics or full text. | 22 | 29106 | 06/16/98 |
| 1246E | Oakdale Union Elementary School District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent Reporting safety issues to third party constitutes participation in the activities of an employee organization and is protected by the EERA where that report is an extension of attempts to resolve safety issues through the Association and the District; p. 18; This result is consistent with NLRB precedent. more or view all topics or full text. | 22 | 29047 | 01/28/98 |
| 1084E | San Francisco Community College District Federation of Teachers (Kidd and Hendricks) 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent PERB is without jurisdiction to enforce the federal Labor-Management Reporting and Disclosure Act (LMRDA); p. 3; p. 2, warning letter. more or view all topics or full text. | 19 | 26052 | 02/21/95 |
| 0687E | Cottonwood Union High School District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent NLRA precedent not instructive in case involving adverse action against a supervisor under EERA. more or view all topics or full text. | 12 | 19115 | 06/27/88 |
| 0646E | Lake Elsinore School District * * * OVERRULED by State of California (Department of Agriculture) (2002) PERB Decision No. 1473-S 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent * * * OVERRULED IN PART by State of California (Department of Agriculture) (2002) PERB Decision No. 1473-S, where the Board held that pre-arbitration deferral is discretionary, not jurisdictional. * * *The NLRB deferral-to-arbitration standards in Collyer Insulated Wire (1971) 192 NLRB 837 [77 LRRM 1931] are not controlling nor instructive in administering EERA. California Legislature did not "essentially codify" the Collyer requirements in enacting EERA, therefore Dry Creek Jt. Elem. Sch. Dist. (1980) PERB Order no. Ad-81a and its progeny are overruled. more or view all topics or full text. | 12 | 19012 | 12/18/87 |
| 0500E | Santa Clara Unified School District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent Construction of similar or identical provisions of the NLRA may be used to guide interpretation of the EERA. more or view all topics or full text. | 9 | 16116 | 04/11/85 |
| 0356H | Regents of the University of California (Statewide University Police Association) 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent Board adopts ALJ reliance on federal labor law precedent holding parking fees for employees are within scope of representation. Board applies federal labor law, not essential to establish that no reasonable alternatives exist to make item within scope of representation (food services and by corollary, parking fees). more or view all topics or full text. | 7 | 14288 | 11/14/83 |
| 0348S | State of California (State Employees Trades Council) 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent PERB adopts NLRB precedent on signed tentative agreements, but not formally signed contract as bar to severance petition, even where NLRB precedent not predicated upon express statutory provision, but rather upon administrative decisional process. more or view all topics or full text. | 7 | 14262 | 09/30/83 |
| 0339E | Salinas Union High School District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent Use of NLRA precedent on unilateral change; p. 15, footnote 6. more or view all topics or full text. | 7 | 14236 | 08/22/83 |
| 0333S | State of California (Department of Transportation) 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent In light of virtually identical scope language of Dills and NLRA, PERB holds private sector precedent regarding scope to be applicable to Dills cases. more or view all topics or full text. | 7 | 14225 | 08/18/83 |
| 0331E | Los Angeles Community College District (Watts) * * * OVERRULED IN PART by Santa Ana Unified School District (2017) PERB Decision No. 2514 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent * * * OVERRULED IN PART ON OTHER GROUNDS by Santa Ana Unified School District (2017) PERB Decision No. 2514. * * * Public Notice complaint procedures similar to NLRA UP case processing. NLRB authorizes hearing office to dismiss complaint deemed not to state a prima facie by general counsel. Cites Cherry Rivet Co. (1951) 29 LRRM 1237. more or view all topics or full text. | 7 | 14223 | 08/15/83 |
| 0329H | Regents of the University of California, University of California Los Angeles Medical Center 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent Presumptive right of access of employee organization representatives to non-immediate patient care areas found in HEERA similar to NLRA precedent; p. 6. more or view all topics or full text. | 7 | 14214 | 08/05/83 |
| 0317E | San Francisco Unified School District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent Board cites Rio Hondo CCD (1980) PERB Dec. No. 128, expressly adopting NLRB free speech standards. more or view all topics or full text. | 7 | 14172 | 06/08/83 |
| 0210E | Novato Unified School District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent The NLRB and courts have generally considered employer discriminatory conduct to be covered by section 8(a)(3) of the NLRA, whereby it must be proven that the employee was engaged in protected activity and that the employer's conduct was motivated by that participation. Because retaliatory conduct is inherently volitional in nature, the same requirments are appropriate under EERA; pp. 5-6. more or view all topics or full text. | 6 | 13114 | 04/30/82 |
| 0190E | Los Altos School District (Broadwood, Chamberlain and Nutt) 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent NLRB law which addresses retroactive union security clauses is inapplicable to the EERA because of statutory differences. more or view all topics or full text. | 6 | 13021 | 12/29/81 |
| 0122E | Sacramento City Unified School District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent PERB takes cognizance of federal precedent in interpreting similar or identical statutory provisions; p. 7, fn. 5. more or view all topics or full text. | 4 | 11052 | 03/25/80 |
| 0127S | State of California (Department of Corrections) (California Correctional Officers Association) 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent Board held that section 3519(2) and 3543.5(a) parallel sections 8(a)(1) and 8(a)(3) of NLRA and cases interpreting 8(a)(1) and 8(a)(3) may be used to interpret the Dills Act; p. 3, fn. 4. more or view all topics or full text. | 4 | 11079 | 05/05/80 |
| 0089E | Carlsbad Unified School District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent Board will take cognizance of NLRB precedent where appropriate, as an aid in interpreting indentical or analogous provisions of the statutes p. 6. PERB will remain open to possibility of inherent and necessary distinctions to be drawn for public employment relations in California; persuasiveness of federal adjudication is mitigated, if not defeated, by specific distinctions between the language of the respective statutes. more or view all topics or full text. | 3 | 10031 | 01/30/79 |
| 0094E | San Mateo County Community College District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent NLRB precedent is applicable to analyze the duty to negotiate; pp. 10-12. more or view all topics or full text. | 3 | 10080 | 06/08/79 |
| 0044E | Mt. Diablo Unified School District/Santa Ana Unified School District/Capistrano Unified School District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent Government Code section 3543.1(a) has no counterpart in the NLRA. more or view all topics or full text. | 2 | 2024 | 12/30/77 |
| 0013E | Lompoc Unified School District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent Application of NLRB law to determine definition of management employee. more or view all topics or full text. | 1 | 80 | 03/17/77 |
| 0004E | Sweetwater Union High School District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent Citing Fire Fighters Union v. City of Vallejo, PERB considers the decisions of the NLRB and other state public employment relations boards in reaching its decision. more or view all topics or full text. | 1 | 10 | 11/23/76 |
| 0005E | Los Angeles Unified School District (United Teachers Los Angeles) 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent Board not bound by NLRB decisions but will take cognizance of them, where appropriate. Where California and federal labor law are parallel, California courts have sanctioned the use of federal statutes and decisions to aid in interpreting the identical or analogous California law. more or view all topics or full text. | 1 | 18 | 11/24/76 |
| 0082E | Fresno Unified School District 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent Fact that NLRB may decline jurisdiction under the NLRA is neither dispositive or persuasive as to the jurisdiction of PERB under the EERA; no indication in EERA that jurisdiction of PERB should extend to the boundaries of NLRB jurisdiction; pp. 6-7; constitutional theory unrelated to interpretation of jurisdictional provisions of EERA will not be considered; p. 7. more or view all topics or full text. | 3 | 10012 | 01/04/79 |
| 0072E | Redlands Teachers Association (Faeth and McCarty) 101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent Even though NLRA does not contain specific wording comparable to DFR provision of EERA sec. 3544.9, since the rationale that generated the EERA language "lies embedded in federal precedents under the NLRA . . .," it is appropriate to consider federal precedent; p. 4, proposed dec. more or view all topics or full text. | 2 | 2200 | 09/25/78 |