All notes for Subtopic 102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes

DecisionDescriptionPERC Vol.PERC IndexDate
2745M County of Sacramento
102.2000: 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.
09/18/20
2589C El Dorado County Superior Court
102.2000: 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.
436410/17/18
2548E Lake Elsinore Unified School District (Edwards)
102.2000: 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.
4210202/02/18
2548E Lake Elsinore Unified School District (Edwards)
102.2000: 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.
4210202/02/18
2517C Fresno County Superior Court * * * VACATED IN PART by Fresno County Superior Court (2019) PERB Decision No. 2517a-C
102.2000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
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 (MMBA), 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.
4114002/27/17
2388Ma City of Palo Alto
102.2000: 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.
4116204/10/17
2423M County of San Bernardino (Office of the Public Defender)
102.2000: 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.
3916505/15/15
2388M City of Palo Alto * * * SUPERCEDED by City of Palo Alto (2017) PERB Decision No. 2388a-M
102.2000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
We construe MMBA section 3509(e) to reserve to the courts questions arising in actions involving interest arbitration, as governed by Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure, when the action involves an employee organization that represents firefighters, as defined in Section 3251, 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. The adoption of rules and regulations concerning either interest arbitration or mediation or both, falls squarely within the public agency’s duty, established by section 3507, to consult in good faith. Absent a factual predicate implicating MMBA section 3509(e), viz., an “action” pursuant to Code of Civil Procedure 1280 et seq., PERB retains exclusive initial jurisdiction to construe and enforce a public agency’s duty under MMBA section 3507 to consult in good faith, even where, as here, the local rule proposed for adoption or modification by the public agency concerns interest arbitration and even where, as here, the recognized employee organization seeking to enforce its MMBA consultation rights represents firefighters. Duties imposed by the MMBA on charter cities to meet and confer with employee organizations do not conflict with the exercise by charter cities of their rights under California’s Constitution to propose charter amendments, and accordingly that charter cities must comply with their MMBA duties as to matters subject thereto even where a charter amendment may be the ultimate form of the charter city’s action. Regarding PERB’s authority and competence to adjudicate in the first instance an issue implicating the extent of its own jurisdiction vis-à-vis that of a charter city, the appellate court observed: “We agree with the trial court that the issues presented in this case–especially the extent to which local regulation of employment matters as prescribed by the [City and County of San Francisco] charter might be superseded by matters of statewide concern as set out in the EERA–is a matter properly decided, in the first instance, by PERB.” (Local 21, International Federation of Professional and Technical Engineers, AFL-CIO v. Thornton C. Bunch, Jr. (1995) 40 Cal.App.4th 670, 676.) 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. Exercising this authority, we decide that our precedents compel the result we reach, viz., that in addition to cease and desist orders, affirmative relief is also appropriate, including an order directed to the City itself to rescind the City’s action of July 18, 2011, referring to voters of a measure to repeal Article V of the Charter, coupled with an order directed to the City itself to consult in good faith upon request. We do not believe our remedial authority extends to ordering the results of an effective municipal election to be overturned. Such remedy lies with the courts. more or view all topics or full text.
392508/06/14
2300H Regents of the University of California
102.2000: 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.
12/20/12
2222M City and County of San Francisco
102.2000: 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.
368911/23/11
2018S State of California (Department of Personnel Administration)
102.2000: 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.
337104/07/09
2040E San Francisco Unified School District
102.2000: 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.
3311406/23/09
1823Ha Trustees of the California State University
102.2000: 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.
325302/14/08
1782C Lake County Superior Court
102.2000: 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.
30711/01/05
1823H Trustees of the California State University * * * VACATED by Trustees of the California State University (2008) PERB Decision No. 1823a-H
102.2000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
PERB authorized to interpret Education Code to determine whether unfair practice has occurred. CSU is not a quasi-judicial agency like PERB and its interpretation of the Education Code is not entitled to greater weight than any other litigant. more or view all topics or full text.
307502/23/06
1805E Compton Unified School District
102.2000: 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.
305001/05/06
1766M City of Monterey
102.2000: 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.
2913005/20/05
1624E Antelope Valley College Federation of Teachers (Stryker)
102.2000: 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.
2814604/28/04
1600M County of San Joaquin
102.2000: 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.
288602/24/04
1559Sa State of California (Department of Corrections)
102.2000: 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.
288302/19/04
A327M City of Carson
102.2000: 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.
278806/20/03
1068E San Francisco Community College District (Laborers’ International Union of North America)
102.2000: 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.
192601111/17/94
A161E Rim of the World Unified School District (Corcoran)
102.2000: 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.
111801912/31/86
A136S State of California (Department of Transportation and Industrial Relations) (Professional Engineers in California Government)
102.2000: 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.
71415205/16/83
1320E Ocean View School District
102.2000: 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.
233008003/22/99
1262E Bakersfield City School District
102.2000: 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.
222908904/28/98
1240E Fremont Unified School District
102.2000: 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.
222902612/04/97
1226S California Correctional Peace Officers Association (Smith, et al.)
102.2000: 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.
222900611/05/97
1168E Service Employees International Union, Local 535 (Mickle)
102.2000: 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.
202713709/11/96
1167E Ventura County Community College District (Mickle)
102.2000: 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.
202713609/11/96
1138Ea Barstow Unified School District
102.2000: 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.
202710405/31/96
1138Eb Barstow Unified School District
102.2000: 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.
212806803/20/97
1131E Salinas City Elementary School District (Rodriquez)
102.2000: 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.
202702601/10/96
1104S State of California (Department of Corrections) (California Correctional Peace Officers Association)
102.2000: 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.
192609705/18/95
1091E Los Angeles Community College District (Mrvichin)
102.2000: 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.
192606903/16/95
1086E San Francisco Unified School District
102.2000: 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.
192606403/01/95
1084E San Francisco Community College District Federation of Teachers (Kidd and Hendricks)
102.2000: 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.
192605202/21/95
1026S State of California (Department of Parks and Recreation) (International Union of Operating Engineers, Craft-Maintenance Division, Units 12 and 13)
102.2000: 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.
182501111/17/93
0893H California State University, Long Beach (California State Employees Association)
102.2000: 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.
152212307/23/91
0894E Los Angeles Unified School District (Mego)
102.2000: 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.
152212507/29/91
0869H California State University, Hayward (Dees)
102.2000: 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.
152205102/25/91
0868E Whisman Elementary School District
102.2000: 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.
152204302/14/91
0805Hb Trustees of the California State University (Statewide University Police Association)
102.2000: 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.
142121711/14/90
0658E Berkeley Federation of Teachers, Local 1078, AFL-CI0 (Moore)
102.2000: 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.
121904302/22/88
0626Ea Tustin Unified School District
102.2000: 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.
111818310/29/87
0588E Los Angeles Unified School District (Bracey)
102.2000: 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.
101716009/25/86
1741H Trustees of the California State University
102.2000: 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.
296401/26/05
1748E Alum Rock Union Elementary School District
102.2000: 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.
297302/07/05
0498E Butte Community College District
102.2000: 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.
91610203/14/85
0453H California State University (Watts)
102.2000: 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.
91602012/07/84
0459S State of California (Department of Transportation)
102.2000: 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.
91602712/12/84
0383E San Mateo City School District
102.2000: 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.
81508104/30/84
0375E Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District
102.2000: 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.
81502101/05/84
0335E Los Angeles Unified School District
102.2000: 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.
71422708/18/83
0333S State of California (Department of Transportation)
102.2000: 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.
71422508/18/83
0325E Long Beach Unified School District
102.2000: 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.
71419307/08/83
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
102.2000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
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.
136909/02/77
0017E Mountain View School District (Olson)
102.2000: 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.
112605/17/77
0948S State of California (Department of Personnel Administration) and California Union of Safety Employees
102.2000: 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.
162313108/06/92
0923E California School Employees Association (Professional School Bus Drivers Association)
102.2000: 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.
162303802/19/92