All notes for Subtopic 101.04000 – Statutues in Other Jurisdictions

DecisionDescriptionPERC Vol.PERC IndexDate
2868M * * * JUDICIAL APPEAL PENDING * * * El Camino Healthcare District, El Camino Hospital, and Silicon Valley Medical Development, LLC
101.04000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; Statutues in Other Jurisdictions
The Board determined that Silicon Valley Medical Development, LLC (SVMD), a single-member limited liability corporation wholly owned by El Camino Hospital (ECH), a “governmental subdivision” under MMBA section 3501(c), is an MMBA-covered employer. 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 (Hawkins County); Central Contra Costa Transit Authority (2012) PERB Decision No. 2263-M, p. 25 (Transit Authority); El Camino Hospital District (2009) PERB Decision No. 2033-M, pp. 17-18.) Hawkins County held that a private or quasi-private entity qualifies as a political subdivision if it is either: “(1) created directly by the State, so as to constitute a department or administrative arm of the government, or (2) administered by individuals who are responsible to public officials or to the general electorate.” (Hawkins County, supra, 402 U.S. at pp. 604-605.) The Board found that SVMD qualifies as a political subdivision under the second Hawkins County category. To reach this conclusion, PERB analyzed facts relevant to this inquiry under three main headings: “Public Purpose,” “Public Funding,” and “Public Control.” (Workforce Investment Board (2014) PERB Order No. Ad-418-M, pp. 24-26 (WIB).) (pp. 25-27.) SVMD is subject to public control, an often-vital factor in deciding whether an entity is administered by individuals who are responsible to public officials or voters. If public officials have authority to decide who fills a majority of seats on an entity’s governing board, that means the entity is administered by individuals who are responsible to public officials or the general electorate. (Transit Authority, supra, PERB Decision No. 2263-M, p. 24; accord WIB, supra, PERB Order No. 418-M, pp. 8, 11, 13-14, 18, 25-28, & 30-31, and adopting administrative determination at pp. 2 & 4.) SVMD’s leaders are ultimately responsible to El Camino Hospital District officials, and in addition, its leaders are responsible to ECH, which is a public agency for MMBA purposes. (pp. 27-31.) Moreover, SVMD has received significant public funding, and its goals fall squarely within the District’s public purposes. For these reasons, the Board determined SVMD falls within the second Hawkins County category and is a “governmental subdivision” within the meaning of MMBA section 3501(c). (pp. 31-34.) more or view all topics or full text.
483608/15/23
A452E Fairfield-Suisun Unified School District
101.04000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; Statutues in Other Jurisdictions
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.
423408/16/17
A437H Regents of the University of California and Teamsters Clerical, Local 2010 (Polk)
101.04000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; Statutues in Other Jurisdictions
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.
4017705/09/16
2223E Baldwin Park Education Association (Hayek, et al.)
101.04000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; Statutues in Other Jurisdictions
PERB has no jurisdiction over employment-related discrimination claims enforced by the Department of Fair Employment and Housing; PERB’s jurisdiction under EERA section 3543.6, subdivision (b), is limited, in pertinent part, to discrimination that occurs not on account of an employer’s age or marital status but on account of an employee’s exercise of rights under the collective bargaining statute. more or view all topics or full text.
369011/30/11
2166M Housing Authority of the City of Los Angeles
101.04000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; Statutues in Other Jurisdictions
PERB has previously found that it lacks jurisdiction over claims of violations of a variety of state and federal statutory schemes including the Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, Americans with Disabilities Act, Age Discrimination in Employment Act, worker’s compensation laws and whistleblower protection laws, as well as violations of both the United States and the California Constitutions. more or view all topics or full text.
354902/25/11
2016E Compton Unified School District
101.04000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; Statutues in Other Jurisdictions
PERB is without jurisdiction to remedy disputes regarding actions by personnel commissions. more or view all topics or full text.
336704/01/09
1701E Options for Youth-Victor Valley, Inc.
101.04000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; Statutues in Other Jurisdictions
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. more or view all topics or full text.
29411/05/04
1624E Antelope Valley College Federation of Teachers (Stryker)
101.04000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; Statutues in Other Jurisdictions
The Board lacks jurisdiction to adjudication allegations of race-based discrimination. more or view all topics or full text.
2814604/28/04
1581M County of Sacramento
101.04000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; Statutues in Other Jurisdictions
In the interpreting contract bar ordinance of County, PERB looks for guidance to the practices of the NLRB. As a legislative enactment, however, County ordinance it is not subject to discretionary application “to waive or apply it in order to effectuate its policy underpinnings.” (NLRB v. Circle A&W Products Co., supra., 647 F.2d 924.) Rather, interpretation of ordinance must be approached as with a statute in an effort to ascertain the intent of the legislative body so as to effectuate the purposes of the law. more or view all topics or full text.
285701/09/04
1448E California School Employees Association, Chapter 245 (Waymire)
101.04000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; Statutues in Other Jurisdictions
PERB has no jurisdiction to enforce statutes regarding discrimination based on sex, religion or other prohibited bases. more or view all topics or full text.
253208806/25/01
0335E Los Angeles Unified School District
101.04000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; Statutues in Other Jurisdictions
Regional Director erred in dismissing public notice complaint on grounds allegations only alleged violation of local district public notice rules. Determination is made on basis of possible violations of statutory public notice requirements. more or view all topics or full text.
71422708/18/83