All notes for Subtopic 103.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
2595E William S. Hart Union High School District
103.1000: 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.
437411/09/18
2573M County of Riverside
103.1000: 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.
431706/25/18
2388Ma City of Palo Alto
103.1000: 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.
4116204/10/17
2440E Capistrano Unified School District
103.1000: 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.
402406/30/15
2394C Santa Clara County Superior Court
103.1000: 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.
395610/20/14
2388M City of Palo Alto * * * SUPERCEDED by City of Palo Alto (2017) PERB Decision No. 2388a-M
103.1000: 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 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. more or view all topics or full text.
392508/06/14
0751E San Ramon Valley Unified School District
103.1000: 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.
132020106/29/89
0757E Ventura Unified School District
103.1000: 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.
132018109/01/89
0637S Association of California State Attorneys and Administrative Law Judges (Mayer)
103.1000: 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.
111817410/06/87
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
103.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; In General
Constitutional validity of EERA will be left to judiciary. more or view all topics or full text.
136909/02/77
1345E Los Angeles Community College District
103.1000: 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.
233016609/02/99