All notes for Subtopic 102.04000 – Preemption

DecisionDescriptionPERC Vol.PERC IndexDate
A406M City of Pasadena
102.4000: 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

102.4000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Preemption
Legislature in MMBA intended to set forth reasonable proper and necessary principles which public agency must follow. The Legislature did not intend to preempt the field of public employer-employee relations except where public agencies do not provide reasonable methods of administering employer- employee relations through uniform and orderly methods of communication between employees and the employer. more or view all topics or full text.

102.4000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Preemption
Under doctrine of exhaustion of administrative remedies, the courts are required to defer to the Board's initial interpretation of a statute pending completion of the administrative proceedings. Exceptions include situations in which there is unreasonable delay by agency, subject outside agency jurisdiction, irreparable harm would result from agency determination, or when resort to process would be futile. Also exceptions where inportant questions of constitutional law and public policy governing agency's authority are present. more or view all topics or full text.

102.4000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Preemption
Education Code sec. 44929.21(b) gives school districts absolute right to decide not to reelect probationary teachers without providing cause or other procedural protections to the terminated employee and without regard to contrary provisions in a collective bargaining agreement. Thus, statutory procedures for nonretention of probationary teachers, including notice requirements, prempt the procedural protections contained in a collective bargaining agreement. more or view all topics or full text.

102.4000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Preemption
Initial determination of unfair practice charges and remedy are within exclusive jurisdiction of PERB. However, exceptions to the exhaustion of administrative remedies include unreasonable delay, subject matter outside agency's jurisdiction, irreparable harm, inadequate remedy and where resort to the administrative process would be futile because the aggrieved party can positively state what the administrative agency's decision in the particular case would be; pp. 167-169. more or view all topics or full text.

102.4000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Preemption
Under EERA (see section 3540), when Education Code provisions and collective bargaining rights conflict, the latter must give way. [162 Cal.App.3d at 832, 840] The potential double remedy of subjecting a conclusive governing board determination to the subsequent final and binding arbitration was neither authorized nor intended by the Legislature. [162 Cal.App.3d at 840] more or view all topics or full text.

102.4000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Preemption
Under doctrine of pre-emption, court holds that public policy would best be served if PERB retained initial exclusive jurisdiction over any action which is arguably prohibited or protected by EERA. [136 Cal.App.3d at 894] more or view all topics or full text.

102.4000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Preemption
Under doctrine of pre-emption, EERA divests the superior courts of jurisdiction to entertain a school district's complaint for damages arising out of a teachers' strike led by noncertified unions. PERB has exclusive initial jurisdiction to determine whether such a strike is an unfair practice, and what, if any, remedies should be pursued. [33 Cal.3d at 961] more or view all topics or full text.

102.4000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Preemption
Although PERB does not have authority to enforce collective bargaining agreements, where the dispute arguably concerns whether provisions of the contract constitute an unfair labor practice, PERB has exclusive jurisdiction. more or view all topics or full text.
0805Hb Trustees of the California State University (Statewide University Police Association)
102.4000: 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
102.4000: 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