All notes for Subtopic 102.04000 – Preemption

DecisionDescriptionPERC Vol.PERC IndexDate
2895M Palomar Health
102.04000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Preemption
PERB’s jurisdiction preempts a court’s jurisdiction if the conduct at issue is “arguably protected” or “arguably prohibited” by a labor relations statute administered by PERB and the controversy presented to the state court “may fairly be termed the same” as that presented to PERB. (El Rancho Unified School Dist. v. National Education Assn. (1983) 33 Cal.3d 946, 953-960 (El Rancho); accord Pittsburg Unified School Dist. v. California School Employees Assn. (1985) 166 Cal.App.3d 875, 887.) Preemption prevents and avoids “‘conflicting adjudications which may interfere with [a labor] board’s ability to carry out its statutory role.’” (El Rancho, supra, 33 Cal.3d at pp. 960-961, citing Kaplan’s Fruit & Produce Co. v. Superior Court (1979) 26 Cal.3d 60, 75.) “In deciding whether something is an unfair labor practice, and whether PERB consequently has exclusive jurisdiction to hear a matter (Gov. Code, § 3563.2), [the courts] consider the underlying conduct on which the suit is based rather than a superficial reading of the pleadings.” (Teamsters Local 2010 v. Regents of University of California (2019) 40 Cal.App.5th 659, 669.)The Court of Appeal articulated its reasons for finding that the employer’s lawsuit in a corollary to this unfair practice charge was preempted by the MMBA, and properly adjudicated at PERB: “[t]he conduct at issue, i.e. the alleged trespass by CNA and CHEU representatives within [Escondido Medical Center] and leafletting at the hospital’s entrance, will be adjudicated by PERB as either protected or unprotected by the parties’ agreement and the MMBA. This is the identical question presented before the trial court in this litigation. There is unquestionably a risk of conflicting decisions in these two competing forums. Because the questions are the same, we agree with the unions that PERB has exclusive jurisdiction of this dispute.” (Palomar Health v. National Nurses United (2023) 97 Cal.App.5th 1189, 1208.) more or view all topics or full text.
03/15/24
A406M City of Pasadena
102.04000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Preemption
PERB’s computation of a back pay award to remedy an unfair practice does not interfere with a public authority’s constitutional right to determine the compensation of its employees. more or view all topics or full text.
3812201/28/14
0805Hb Trustees of the California State University (Statewide University Police Association)
102.04000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Preemption
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. more or view all topics or full text.
142121711/14/90
1948E San Francisco Unified School District
102.04000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Preemption
With regard to school district employees, EERA preempts contrary local impasse resolution procedures, including the binding interest arbitration procedure in the City of San Francisco Charter. more or view all topics or full text.
325803/13/08