All notes for Subtopic 102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2760S | State of California (Correctional Health Care Services) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes PERB and the State Personnel Board (SPB) “are not in competition with each other.” (Pacific Legal Foundation v. Brown (1981) 29 Cal.3d 168, 197.) Discriminatory personnel decisions violating the Dills Act “transgress the merit principle as well,” and “the Legislature evidently thought it important to assign the task of investigating potential violations of [the Dills Act] to an agency which possesses and can further develop specialized expertise in the labor relations field.” (Id. at p. 198.) Accordingly, when PERB finds that a civil service decision was based on discrimination violating the Dills Act, PERB’s findings are consistent with the merit principle, which requires that entitlement to civil service positions must turn on lawful criteria. (Id. at pp. 196-200.) more or view all topics or full text. | 45 | 91 | 04/12/21 |
| 2760S | State of California (Correctional Health Care Services) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes Notwithstanding the State Personnel Board’s jurisdiction to enforce civil service laws, prescribe classifications, and review disciplinary actions against state civil service employees, PERB is authorized to provide a full remedy if such employees experience discrimination for engaging in activity the Dills Act protects. In Pacific Legal Foundation v. Brown (1981) 29 Cal.3d 168, 198, the California Supreme Court explained that PERB’s authority over unfair practices did not infringe on SPB’s jurisdiction to review disciplinary actions because SPB and PERB were created to serve “different, but not inconsistent, public purposes.” (Id. at p. 197.) If the State, in the course of making a personnel decision, discriminates against protected activity in violation of the Dills Act, it transgresses the merit principle as well. (Id. at p. 198.) Thus, the Court declined “to construe article VII, section 3, subdivision (a) [of the State Constitution] in a manner that would deprive all state civil service employees of the important safeguards afforded by [PERB and other] specialized agencies.” (Id. at p. 199.) In reaching this conclusion, the Court noted that when the Legislature enacted the Dills Act, it explicitly tailored the law so as not “to contravene the spirit or intent of the merit principle.” (Dills Act, § 3512.) The Court rejected the argument that granting PERB jurisdiction to “devise remedies for unfair practices” is “irreconcilably in conflict with [SPB’s] jurisdiction to ‘review disciplinary actions’ under [article VII of the State Constitution].” ((Id. at p. 196.) The Court advised that “in those areas in which the [agencies’] jurisdiction . . . overlap, familiar rules of construction” require “harmoniz[ing] the disparate procedures” rather than invalidating one or the other. (Id. at p. 197.) The Court found it would be an overreach to reserve only to SPB all authority to remedy unlawful actions against a civil service employee. (Id. at p. 199.) In State Personnel Bd. v. Fair Employment and Housing Com. (1985) 39 Cal.3d 422, the Court reaffirmed Pacific Legal Foundation and its holding that the Constitution allows the Legislature to create “specialized watchdog” agencies such as PERB and the Fair Employment and Housing Commission (FEHC) (id. at pp. 438-439), explaining that it is not difficult to harmonize the agencies’ powers because they serve complementary purposes (id. at p. 438). The Court reiterated that it believed the main source of overlap would be in cases involving discipline and that even in such cases SPB’s jurisdiction does not dislodge the Legislature from creating specialized agencies with complementary roles, such as PERB and FEHC. (Id. at p. 439.) more or view all topics or full text. | 45 | 91 | 04/12/21 |
| 2745M | County of Sacramento 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes 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 |
| 2589C | El Dorado County Superior Court 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes Where the parties to an unfair practice case dispute whether external law, including the public employment retirement laws, removes an otherwise negotiable matter from the scope of representation, or creates a statutory right not subject to waiver or impairment through unilateral employer action, PERB may interpret the provisions of external law as necessary to decide questions arising under the collective bargaining statutes we administer. (County of San Luis Obispo, supra, PERB Decision No. 2427-M, pp. 30-34; City of San Jose (2013) PERB Decision. more or view all topics or full text. | 43 | 64 | 10/17/18 |
| 2548E | Lake Elsinore Unified School District (Edwards) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes 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) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes 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 |
| 2517C | Fresno County Superior Court * * * VACATED IN PART by Fresno County Superior Court (2019) PERB Decision No. 2517a-C 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes * * * 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 |
| 2388Ma | City of Palo Alto 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes MMBA section 3509(e) denies PERB jurisdiction over “actions” to enforce an existing interest arbitration procedure, including questions regarding the extent or scope of the parties’ arbitration obligations. It does not divest the Board of jurisdiction to determine whether a public agency violated MMBA section 3507 by failing to consult in good faith before adopting rules and regulations concerning interest arbitration. The extent to which local regulation of employment matters as prescribed by the charter might be superseded by matters of statewide concern as set out in the MMBA is a matter properly decided in the first instance, by PERB. more or view all topics or full text. | 41 | 162 | 04/10/17 |
| 2423M | County of San Bernardino (Office of the Public Defender) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes While the Board does not presume to rule on the scope of the Rules of Professional Conduct, the Business and Professions Code or other regulations concerning the practice of law, neither will the fact that attorneys have obligations under those rules defeat PERB’s jurisdiction to resolve alleged violations of the statutes which PERB administers, including 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 |
| 2300H | Regents of the University of California 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes San Diego Teachers Assn. v. Superior Court (1979) 24 Cal.3d 1 and El Rancho Unified School Dist. v. National Education Assn. (1983) 33 Cal.3d 946, 953, both established that PERB has exclusive initial jurisdiction to determine unfair practice charges and fashion a remedy, or not, where the conduct in question is arguably protected or prohibited by the statutes administered by PERB. Subsequent opinions from the courts of appeal amplified this doctrine, holding that if the alleged conduct at issue was either arguably protected or arguably prohibited under EERA, exclusive initial jurisdiction required the dispute to be brought to PERB in the first instance, regardless of how the case was pleaded, and even if there were constitutional issues to be decided. The Legislature intended that PERB exercise jurisdiction over matters that could be unfair practices or other violations of EERA, even if the claims also alleged constitutional violations. Where there is a reasonable probability that PERB’s adjudication of non-constitutional issues could obviate consideration of the constitutional challenges, PERB does have exclusive initial jurisdiction over the matter. Moreover, the parties are required to exhaust administrative remedies. If the administrative proceedings do not resolve the constitutional issues, the aggrieved party is not precluded from raising the constitutional issues in subsequent judicial proceeding. Unilateral change issues are squarely within PERB’s authority and expertise to decide. From the earliest days of this agency, the Board has articulated and applied its test for determining whether an employer’s unilateral actions constitute a violation of the duty to bargain in good faith. Even in cases where the underlying conduct unquestionably meets one or both prongs of the arguably-protected-or-prohibited test, courts relying on the local concern exception have refused to cede jurisdiction to the labor agency if the matter mainly touches upon matters within the traditional police powers of the state and in which adjudication by a superior court will not pose a substantial danger of interference with administrative adjudication by the labor board. Thus, the labor board will not have exclusive jurisdiction where mass picketing blocks ingress or egress; or where there was violence; or in cases of libel; or in cases of intentional infliction of emotional distress. Even though leafleting is a constitutionally protected activity, subject to reasonable time, place and manner restrictions, the question of unilateral change in the employer’s leafleting policy can be decided without resort to enforcing constitutional rights. As noted earlier, if the parties believe that our decision fails to resolve underlying constitutional issues, or that our decision intrudes on constitutional rights, they will be free to seek redress in the courts, having exhausted their administrative remedies. The right to picket peaceably and truthfully is one of organized labor’s lawful means of advertising its grievances to the public, and as such is guaranteed by the Constitution as an incident of freedom of speech. The same right is protected under EERA, as it is a collective activity both constitutionally protected and long recognized in foundational labor law to be intimately related to the ability of employees to engage in union activities, a right literally conferred by the text of EERA. No less protected is the right to leaflet. Both activities are undertaken to publicize the labor dispute to the public, to garner the public’s support for labor’s position, to demonstrate the strength and support for union demands, to build solidarity among fellow employees, etc. Also within PERB’s expertise and jurisdiction is the ability to assess whether the employer’s defense of waiver through collective bargaining agreement language or bargaining conduct is valid. more or view all topics or full text. | 37 | 141 | 12/20/12 |
| 2222M | City and County of San Francisco 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes PERB’s jurisdiction does not include, among other things, enforcement of the Americans with Disabilities Act, the U.S. Constitution, the Whistleblower Protection Reporting Act, laws governing improper government activity, laws governing sexual harassment, laws governing defamation, or laws governing the unemployment insurance process. more or view all topics or full text. | 36 | 89 | 11/23/11 |
| 2018S | State of California (Department of Personnel Administration) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes 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 |
| 2040E | San Francisco Unified School District 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes PERB lacked jurisdiction over allegation that school district violated the Education Code by misclassifying certain teachers as temporary or substitute employees. more or view all topics or full text. | 33 | 114 | 06/23/09 |
| 1823Ha | Trustees of the California State University 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes On remand from published Court of Appeal decision, Board vacated February 23, 2006 decision in Trustees of the California State University (2006) PERB Decision No. 1823-H. Court of Appeal found no violation of HEERA. more or view all topics or full text. | 32 | 53 | 02/14/08 |
| 1782C | Lake County Superior Court 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes 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 |
| 1805E | Compton Unified School District 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes PERB’s jurisdiction is limited and does not include enforcement of the Education Code or laws governing special education. more or view all topics or full text. | 30 | 50 | 01/05/06 |
| 1766M | City of Monterey 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes Opinions of the Attorney General are not biding on the Board for purposed of interpreting the MMBA. Requirements of the Brown Act do not necessarily trump rights under MMBA. more or view all topics or full text. | 29 | 130 | 05/20/05 |
| 1624E | Antelope Valley College Federation of Teachers (Stryker) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes The Board lacks jurisdiction to adjudication allegations of race-based discrimination more or view all topics or full text. | 28 | 146 | 04/28/04 |
| 1600M | County of San Joaquin 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes Local 790’s argument that state policy favors mediation and by ignoring the mediator’s recommendation, the County violated this policy fails. The cases cited by Local 790 pertain to the State’s policy favoring binding arbitration, not non-binding mediation more or view all topics or full text. | 28 | 86 | 02/24/04 |
| 1559Sa | State of California (Department of Corrections) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes PERB recognizes that because it lacks jurisdiction over violations of the California Penal Code, unless the alleged conduct also constitutes an independent violation of the Dills Act. more or view all topics or full text. | 28 | 83 | 02/19/04 |
| A327M | City of Carson 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes MMBA Section 3509(a) grants PERB the authority to apply its powers and perform its duties described in Government Code Section 3541.3 to charges arising under the MMBA, while MMBA Section 3509(c) specifically grants PERB the authority to “enforce and apply rules adopted by a public agency concerning unit determinations, representation, recognition, and elections.” Thus, PERB has the statutory authority to determine if a public agency correctly applied local rules promulgated under the MMBA. more or view all topics or full text. | 27 | 88 | 06/20/03 |
| 1068E | San Francisco Community College District (Laborers’ International Union of North America) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes San Francisco Community College District and the City of San Francisco are joint employers and PERB has jurisdiction over its employees. more or view all topics or full text. | 19 | 26011 | 11/17/94 |
| A161E | Rim of the World Unified School District (Corcoran) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes Board has concurrent jurisdiction with the Superior Court over conduct where one party to a labor dispute has sued for libel for a statement made during the course of the labor management relationship; pp. 13-14. Board stayed its proceedings until court libel action resolved because (1) PERB may be unable to provide as full and effective a remedy for the alleged libel as the court; (2) PERB's stay will accommodate the state's interest in providing a remedy for tortious conduct; and (3) the particular conduct is peripherally involved with the labor dispute; p. 18. Board does not have exclusive initial jurisdiction to determine whether an unfair practice has been committed where one party to a Board does not have exclusive initial jurisdiction to determine whether an unfair practice has been committed where one party to a more or view all topics or full text. | 11 | 18019 | 12/31/86 |
| A136S | State of California (Department of Transportation and Industrial Relations) (Professional Engineers in California Government) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes PERB has no jurisdiction to determine whether an employee covered under the Dills Act is supervisory as opposed to managerial or confidential. The portion of the Dills Act which covers supervisory employees is not administered by PERB. Section 3522.9 of the Dills Act grants to the State employer the authority to adopt rules for the administration of supervisory employees. more or view all topics or full text. | 7 | 14152 | 05/16/83 |
| 1320E | Ocean View School District 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes Under Education Code section 38020, a school district may lawfully contract out transportation services subject to its good faith bargaining obligation under EERA; p. 3, warning letter. Contract language permitting a school district to contract out work which may be lawfully contracted for is a clear and unmistakable waiver of the right to bargain over contracts for transportation services; p. 3, warning letter. more or view all topics or full text. | 23 | 30080 | 03/22/99 |
| 1262E | Bakersfield City School District 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes Government Code section 6254.3 describe employee rights not management right and does not provide for an employer to unilaterally determine any formal mechanism for the exercise of privacy rights, especially when that process will affect the mechanics of a union's access to relevant and necessary information; Id. at p. 29. more or view all topics or full text. | 22 | 29089 | 04/28/98 |
| 1240E | Fremont Unified School District 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes The Board may interpret the Education Code only for purposes of adjudicating unfair practices (citation); p. 22, proposed dec. more or view all topics or full text. | 22 | 29026 | 12/04/97 |
| 1226S | California Correctional Peace Officers Association (Smith, et al.) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes PERB has no jurisdiction to hear a charge brought under the Excluded Employees Bill of Rights. more or view all topics or full text. | 22 | 29006 | 11/05/97 |
| 1168E | Service Employees International Union, Local 535 (Mickle) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes Absent an independent violation of EERA, the Board does not have jurisdiction over other Government Code sections, Education Code or federal law; p. 2, fn. 2. more or view all topics or full text. | 20 | 27137 | 09/11/96 |
| 1167E | Ventura County Community College District (Mickle) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes Absent an independent violation of EERA, Board has no jurisdiction over other Government Code sections, the Education Code or federal law; p. 2, fn. 2. more or view all topics or full text. | 20 | 27136 | 09/11/96 |
| 1138Ea | Barstow Unified School District 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes PERB possesses no jurisdiction to enforce the Education Code. However, the Board may interpret the Education Code to harmonize the legislative intent of EERA and Education Code provisions; p. 8. The principles of judicial economy and exhaustion of administrative remedies require PERB to interpret the Education Code to determine whether the District committed an EERA violation; p. 9. PERB's jurisdiction to interpret the Education Code to administer EERA is not subject to the forum selection preferences of the parties; p. 10. more or view all topics or full text. | 20 | 27104 | 05/31/96 |
| 1138Eb | Barstow Unified School District 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes While PERB may not enforce the Education Code, the Board may interpret the Education Code to carry out its duty to administer EERA; p. 13, 23. When unlawful conduct allegedly violates both the Education Code and EERA, the Board may determine whether the action constitutes an unfair practice; p. 14. When the Parties' collective bargaining agreement allowed the District to contract out work that may be lawfully contracted for, the Board's exclusive initial jurisdiction required it to decide whether the Education Code prohibited the District from contracting out pupil transportation services; p. 14. When EERA and the Education Code address similar subjects, the Board seeks an interpretation that harmonizes EERA's underlying provisions with the Education Code provisions; p. 23. seeks an interpretation that harmonizes EERA's underlying provisions with the Education Code provisions; p. 23. more or view all topics or full text. | 21 | 28068 | 03/20/97 |
| 1131E | Salinas City Elementary School District (Rodriquez) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes Claims covered under the Worker's Compensation laws and the ADA are not under PERB's jurisdiction; p. 7, warning letter. more or view all topics or full text. | 20 | 27026 | 01/10/96 |
| 1104S | State of California (Department of Corrections) (California Correctional Peace Officers Association) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes PERB has exclusive initial jurisdiction over unfair practices and SPB has jurisdiction over disciplinary action taken against civil service employees. Employer interference with a union's representational rights is an unfair practice to be adjudicated by PERB and not deferred to the SPB; pp. 2-3. more or view all topics or full text. | 19 | 26097 | 05/18/95 |
| 1091E | Los Angeles Community College District (Mrvichin) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes PERB has exclusive initial jurisdiction to consider unfair practices such as District animus. No deferral to the District's Personnel Commission which was considering whether the termination was for cause. more or view all topics or full text. | 19 | 26069 | 03/16/95 |
| 1086E | San Francisco Unified School District 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes The San Francisco Unified School District and the City of San Francisco are joint employers and PERB has jurisdiction over the determination of appropriate bargaining units; p. 23, fn. 35, proposed dec. more or view all topics or full text. | 19 | 26064 | 03/01/95 |
| 1084E | San Francisco Community College District Federation of Teachers (Kidd and Hendricks) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes 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 |
| 1026S | State of California (Department of Parks and Recreation) (International Union of Operating Engineers, Craft-Maintenance Division, Units 12 and 13) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes Wearing of buttons not protected by first amendment. more or view all topics or full text. | 18 | 25011 | 11/17/93 |
| 0893H | California State University, Long Beach (California State Employees Association) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes Whether an adverse action is being challenged before the State Personnel Board does not preclude PERB from deciding whether the action are invalid. more or view all topics or full text. | 15 | 22123 | 07/23/91 |
| 0894E | Los Angeles Unified School District (Mego) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes PERB is without jurisdiction to enforce provisions of the Education Code; p. 2, fn. 2. more or view all topics or full text. | 15 | 22125 | 07/29/91 |
| 0869H | California State University, Hayward (Dees) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes Violations of the Education Code and/or the constitution must be taken up in another forum other than PERB; proposed decision; p. 32. more or view all topics or full text. | 15 | 22051 | 02/25/91 |
| 0868E | Whisman Elementary School District 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes 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 |
| 0805Hb | Trustees of the California State University (Statewide University Police Association) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes Where PERB issues a decision which conflicts with an earlier SPB decision issued while acting in its statutory capacity in connection with employee disciplinary matters, PERB not required to apply collateral estoppel doctrine; pp. 3-11. Where a matter before the SPB arguably involves an unfair practice it is incumbent upon the SPB to stay its proceedings until remedies before PERB have been exhausted. more or view all topics or full text. | 14 | 21217 | 11/14/90 |
| 0658E | Berkeley Federation of Teachers, Local 1078, AFL-CIO (Moore) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes Allegations of racial discrimination by the union may be cognizable under other statutes, not EERA. more or view all topics or full text. | 12 | 19043 | 02/22/88 |
| 0626Ea | Tustin Unified School District 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes Board has no jurisdiction to interpret Ed. Code for sole purpose of determining whether Ed. Code violated. more or view all topics or full text. | 11 | 18183 | 10/29/87 |
| 0588E | Los Angeles Unified School District (Bracey) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes No jurisdiction to enforce provision of the Education Code. more or view all topics or full text. | 10 | 17160 | 09/25/86 |
| 1741H | Trustees of the California State University 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes Board dismissed charge alleging unlawful racial discrimination as such allegations fall outside of PERB’s jurisdiction. more or view all topics or full text. | 29 | 64 | 01/26/05 |
| 1748E | Alum Rock Union Elementary School District 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes Board dismissed charge alleging unlawful racial discrimination as such allegations fall outside of PERB’s jurisdiction. more or view all topics or full text. | 29 | 73 | 02/07/05 |
| 0498E | Butte Community College District 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes PERB may interpret Ed. Code where necessary to determine if EERA violated. more or view all topics or full text. | 9 | 16102 | 03/14/85 |
| 0453H | California State University (Watts) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes PERB has no jurisdiction to determine accusation that higher education employer violated State public meeting law. R.D. dismissal upheld. more or view all topics or full text. | 9 | 16020 | 12/07/84 |
| 0459S | State of California (Department of Transportation) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes PERB not obligated to defer to SPB decision [where collateral estoppel not required]. SPB holding that discipline warranted does not preclude contrary PERB decision. Although SPB found employee engaged in proscribed conduct for which he disciplined, PERB in mixed motive case finds that employee would not have been disciplined but for his union activity. more or view all topics or full text. | 9 | 16027 | 12/12/84 |
| 0383E | San Mateo City School District 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes Proposal on layoff and reemployment generally negotiable, except that those provisions which would establish a definition of "lack of funds" and impose a deadline for layoffs to end of academic year and limiting notice conflict with Education Code 45117 and are to that extent nonnegotiable; pp. 14-23. more or view all topics or full text. | 8 | 15081 | 04/30/84 |
| 0375E | Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes To the extent Association's hold harmless proposal would extend employer's liability beyond that which is contemplated by Govt. Code section 825, it is nonnegotiable; p. 35. Supersession discussed in connection with Education Code sections 44015, 45118, 45103, 45105, 45101, 45308, 45308.21, 45117, 45113. 45015; Education Code section relating to awards is not inconsistent with participation of employee organization in formulation of rules and regulations pertaining to the awards; p. 32. 45118; To extent proposal binding successor entity is consistent with this section, it is negotiable; p. 37. 45103; Proposals concerning short-term and substitute employees not negotiable as they do not concern positions over which exclusive representative has authority to bargain; pp. 39, 42. 45105; Bargaining proposal regarding restricted employees which did representative has authority to bargain; pp. 39, 42. 45105; Bargaining proposal regarding restricted employees which did they were negotiable; pp. 51, 57. 45308; Section establishes an inflexible standard which precludes parties from negotiating definition of statutory terms "lack of work" and "lack of funds." To extent proposal attempted to establish such definitions through negotiating process, it was nonnegotiable; p. 54. Proposal to establish method of determining order of layoff of employees with equal class seniority not superceded by this section; p. 61. Proposal regarding reassignments and increases in hours after voluntary demotion negotiable; p. 64. 45308.21; Section does not supercede Association's right to negotiate order of layoffs; p. 59. 45117; Section establishes minimum notice to be accorded classified employees subject to layoff; p. 55. 45113; Section does not preclude negotiation on issue of binding employees subject to layoff; p. 55. 45113; Section does not preclude negotiation on issue of binding more or view all topics or full text. | 8 | 15021 | 01/05/84 |
| 0335E | Los Angeles Unified School District 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes 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. | 7 | 14227 | 08/18/83 |
| 0333S | State of California (Department of Transportation) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes SPB constitutional authority to establish classifications not usurped by negotiations required for transfers within such classifications. more or view all topics or full text. | 7 | 14225 | 08/18/83 |
| 0325E | Long Beach Unified School District 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes PERB is obligated to harmonize but not enforce Education Code provisions. more or view all topics or full text. | 7 | 14193 | 07/08/83 |
| 0022E | San Dieguito Union High School District * * * OVERRULED IN PART by Carlsbad Unified School District (1979) PERB Decision No. 89, and also OVERRULED IN PART by Los Angeles Unified School District (1983) PERB Decision No. 285 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes * * * OVERRULED IN PART ON OTHER GROUNDS by Carlsbad Unified School District (1979) PERB Decision No. 89 and Los Angeles Unified School District (1983) PERB Decision No. 285. * * *EERB's jurisdiction is limited to cases under EERA and no authority for alleged violations of the Winton Act. more or view all topics or full text. | 1 | 369 | 09/02/77 |
| 0017E | Mountain View School District (Olson) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes PERB is not proper forum for violations of "state school law" or federal constitution. more or view all topics or full text. | 1 | 126 | 05/17/77 |
| 0948S | State of California (Department of Personnel Administration) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes Government Code section 6254.3 sets out the general rule of confidentiality for the home addresses of the state employees and permits address disclosure for employees in PERB-conducted elections. The statute also maintains the confidentiality of home addresses for employees "performing law enforcement-related functions." Further, the section also precludes disclosure of home addresses from employees who request in writing that their address not be disclosed; pp. 40-41, proposed dec., fn. 43. more or view all topics or full text. | 16 | 23131 | 08/06/92 |
| 0923E | California School Employees Association (Professional School Bus Drivers Association) 102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes Duty of fair representation does not extend to the enforcement of rights under the Education Code; p. 2, warning letter. more or view all topics or full text. | 16 | 23038 | 02/19/92 |