All notes for Subtopic 103.01000 – In General
Decision | Description | PERC Vol. | PERC Index | Date |
---|---|---|---|---|
2595E | William S. Hart Union High School District 103.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; In General EERA’s proscription against interference with employee rights is not void for vagueness under due process principles. The statute has been given a reasonable and practical construction over more than four decades of agency adjudication, which is all that is required to avoid being found unconstitutionally vague. more or view all topics or full text. | 43 | 74 | 11/09/18 |
2573M | County of Riverside 103.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; In General As gifts of public funds are prohibited by the California Constitution, employer’s argument that the Board’s interpretation of a statute would result in a gift of public funds was considered to avoid a constitutional conflict. No gift of public funds would result because the Board’s interpretation served an indisputably public purpose. more or view all topics or full text. | 43 | 17 | 06/25/18 |
2388Ma | City of Palo Alto 103.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; In General 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 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. more or view all topics or full text. | 41 | 162 | 04/10/17 |
2440E | Capistrano Unified School District 103.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; In General EERA section 3543, subdivision (a), guarantees public school employees representational rights that are at the least as broad as those afforded private sector employees under NLRB v Weingarten, Inc. (1975) 420 U.S. 251. Because supervisor questioned employee about her whether she understood his instructions and intended to follow them, where employee had previously refused to do so, meeting was “investigative” within the meaning of Weingarten and federal authorities and it was unnecessary for PERB to determine whether meeting constituted “highly unusual circumstances” within the meaning of broader California law. more or view all topics or full text. | 40 | 24 | 06/30/15 |
2394C | Santa Clara County Superior Court 103.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; In General PERB does not have the authority to declare a statute unconstitutional. more or view all topics or full text. | 39 | 56 | 10/20/14 |
0751E | San Ramon Valley Unified School District 103.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; In General Absent antecedent appellate court decision, not within Board's authority to refuse to enforce portion of statute even if Board believes it is unconstitutional. (Ca. Constitution, Art. III, Sect. 3.5); p. 11. more or view all topics or full text. | 13 | 20201 | 06/29/89 |
0757E | Ventura Unified School District 103.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; In General Absent antecedent appellate court decision, not within Board's authority to refuse to enforce portion of statute even if Board believes it is unconstitutional. (Ca. Constitution, Art. III, Sect. 3.5) more or view all topics or full text. | 13 | 20181 | 09/01/89 |
0637S | Association of California State Attorneys and Administrative Law Judges (Mayer) 103.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; In General PERB has no authority to declare statute unconstitutional; Board must assume statute "suffers no constitutional infirmity" more or view all topics or full text. | 11 | 18174 | 10/06/87 |
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. 285 103.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; In General * * * 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. * * *Constitutional validity of EERA will be left to judiciary. more or view all topics or full text. | 1 | 369 | 09/02/77 |
1345E | Los Angeles Community College District 103.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; In General The unexplained movement of individual employees from one work year schedule (D-basis) to another does not rebut the admitted practice that counselors worked D-basis before the unilateral change; p. 18, proposed dec. more or view all topics or full text. | 23 | 30166 | 09/02/99 |