All notes for Subtopic 103.03000 – State Issues

DecisionDescriptionPERC Vol.PERC IndexDate
2388Ma City of Palo Alto
103.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; State Issues
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
103.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; State Issues
The language of EERA is considerably broader than the federal law on which Weingarten rests. It guarantees employees a right to representation in all matters of employee-employer relations and not all meetings with management must conform to the strictures of Weingarten before the right attach. Where PERB chooses to follow federal authority on an issue, it is not automatically bound by subsequent developments in federal law on that point. The touchstone for whether private-sector decisional law or any other authority is applicable to the PERB-administered statutes is whether the underlying reasoning is consistent with the language and policies of the California statutes. more or view all topics or full text.
402406/30/15
2388M City of Palo Alto * * * SUPERCEDED by City of Palo Alto (2017) PERB Decision No. 2388a-M
103.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; State Issues
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
1978S State of California (Department of Personnel Administration)
103.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; State Issues
The Dills Act is a limited delegation of authority by the Legislature to the Governor, allowing DPA, as the State employer's representative, the authority to bargain with the State's unions to determine terms and conditions of employment. The Dills Act does not preclude the Legislature from enacting terms and conditions of employment which, if implemented by DPA without legislative direction, would have been an unfair practice if not negotiated. DPA's implementation of the alternate retirement program amounted to the State's compliance with law as prescribed by the legislative process and not unilateral implementation of a change in policy on the part of the State as employer. The State did not commit an unlawful unilateral change in policy by virtue of the Governor's signing SB 1105 into law, because in signing the legislation the Governor was carrying out a function directed by the California Constitution. When the Governor is acting as a participant in the legislative process and is fulfilling his/her constitutional responsibilities, those acts are to be viewed separate and apart from his/her responsibilities as chief executive and employer of State employees. The Governor's role in considering and signing legislation, as prescribed in the California Constitution, does not amount to a unilateral change in policy by the State. more or view all topics or full text.
3214809/26/08
1359H Regents of the University of California (University of California Association of Interns and Residents)
103.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; State Issues
The University sought a ruling by PERB that the subsection (f) test is constitutionally unenforceable with regard to housestaff. Prior to an appellate court determination to that effect, PERB has no power to make such a ruling pursuant to Article III, section 3.5; p. 16. more or view all topics or full text.
243100410/28/99
J019H The Regents of the University of California and Student Association of Graduate Employees, United Automobile, Aerospace, and Agricultural Implement Workers of America, et al.
103.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; State Issues
PERB has no authority to make the determination of the constitutional issue raised by the University - whether HEERA coverage of certain student academic employees intrudes on the University's control over its core functions in violation of Article IX, section 9 of the California Constitution. The Board also declines to conclude that this is a case of special importance for judicial review based on that issue; p. 6. more or view all topics or full text.
233006502/09/99
1301H The Regents of the University of California and Student Association of Graduate Employees, et al.
103.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; State Issues
The Board declines to adopt the interpretation of HEERA with regard to the constitutional issue which the University advances; p. 18. While the University does not seek from PERB a ruling that HEERA is unconstitutional, it asks the Board to conclude that student academic employees do not meet the subsection (f) test because of the constitutional constraints imposed by Article IX, section 9 of the California State Constitution. A Board decision adopting the University's argument would represent a finding that the subsection (f) test is constitutionally unenforceable with regard to student academic employees. Without an appellate court determination on the issue, PERB has no power pursuant to Article III, section 3.5 to make the finding which the University urges it to make; pp. 18-19; However, PERB rejects the University's argument; p. 22. more or view all topics or full text.
233002512/11/98
0787S State of California (Department of Personnel Administration)
103.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; State Issues
The Dills Act must be construed in a manner which leaves intact its constitutionality and which gives the plain meaning to the words of the statute. Because the Dills Act was enacted with the merit principles, as defined in the Constitution, clearly in mind, as long as the application of 3513(c) does not run counter to the constitutional provisions regarding civil service, there is no conflict. more or view all topics or full text.
142104001/11/90
0333S State of California (Department of Transportation)
103.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; State Issues
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