All notes for Subtopic 103.03000 – State Issues
|Decision||Description||PERC Vol.||PERC Index||Date|
|2388Ma|| City of Palo Alto|
103.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; State IssuesDuties 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.
|2440E|| Capistrano Unified School District|
103.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; State IssuesThe 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.
|1978S|| State of California (Department of Personnel Administration)|
103.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; State IssuesThe 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.
|1359H|| Regents of the University of California (University of California Association of Interns and Residents)||24||31004||10/28/99|
|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.||23||30065||02/09/99|
|1301H|| The Regents of the University of California and Student Association of Graduate Employees, et al.||23||30025||12/11/98|
|0787S|| State of California (Department of Personnel Administration)||14||21040||01/11/90|
|0333S|| State of California (Department of Transportation)||7||14225||08/18/83|