All notes for Subtopic 104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)

DecisionDescriptionPERC Vol.PERC IndexDate
2657M County of Orange
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
While Government Code section 3511 excludes from PERB’s jurisdiction claims brought by Penal Code section 830.1 peace officers, PERB has jurisdiction over claims brought by employee organizations covered by the MMBA, including those that represent or seek to represent bargaining units composed partially or entirely of Penal Code 830.1 peace officers. more or view all topics or full text.
07/15/19
2650P San Joaquin Regional Transit District
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Prior to the transfer of SMCS to PERB in 2012, SMCS transit district unit determinations could be appealed to the Director of DIR. When the Legislature transferred SMCS from DIR to PERB in July 2012, the Board itself assumed jurisdiction over appeals from SMCS determinations in representation matters. After this transfer was complete, PERB adopted pre-existing transit act regulations that DIR had promulgated, without making any material changes. (PERB Regs. 93000-93080.) more or view all topics or full text.
06/21/19
A452E Fairfield Unified School District
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
The Board denied an appeal from an administrative determination which denied a severance petition that sought to sever speech-language pathologists from a school district’s other certificated employees, based on societal changes that have occurred in special education and speech-pathology. The community of interest among certificated employees is implicit in the statutory guidelines used for evaluating all certificated personnel, as set forth in the Stull Act, Education Code Article 5.5, sections 13485 through 13490, which are not used for evaluating classified personnel. (p. 4.) Additionally, the distinction between certificated and classified personnel in public education is not simply a standard imposed by PERB Regulations and decisional law, but a statutory distinction set forth in EERA and the Education Code, which, in the absence of legislative action, PERB is not authorized to ignore. (pp. 3-5.) more or view all topics or full text.
423408/16/17
2566C Los Angeles County Superior Court
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
The Board cannot enact a regulation expanding the scope of its authority beyond what is authorized by the enabling statute. more or view all topics or full text.
43106/12/18
A460M San Diego Metropolitan Transit System * * * PUC TRANSIT CASE. PERB DECISION NUMBER CONTAINS INCORRECT LETTERING, AS CASE DID NOT ARISE UNDER MMBA * * *
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
(Transit districts established by the Public Utilities Code are not governed by the MMBA, but under PERB Regulation 93025, a determination by SMCS regarding a representation petition for such a district is appealable to the Board.) more or view all topics or full text.
429201/23/18
A459H Regents of the University of California
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
The Board cannot make changes to its regulations through decision-making rather than rulemaking. more or view all topics or full text.
429101/19/18
2505M City of Roseville
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Although a charge must include a clear and concise statement of the facts and conduct alleged to constitute an unfair practice (PERB Reg. 32615, subd. (a)(5)), a complaint alleging surface bargaining need not list every possible indicator of bad faith that may be presented at the hearing. Under PERB’s fact pleading standard, the charging party must include the essential facts (often described as the “who, what, when, where and how” of the charge) with sufficient specificity to permit the Board agent to determine whether “the facts as alleged in the charge state a legal cause of action and [whether] the charging party is capable of providing admissible evidence in support of the allegations.” However, PERB does not require the charging party to identify or provide all of its evidence in the charge. (pp. 12-13.) more or view all topics or full text.
419711/30/16
2388Ma City of Palo Alto
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
In MMBA section 3509(b), the Legislature has conferred on PERB exclusive initial jurisdiction over allegations that a public agency, including without limitation a charter city, has failed or refused to consult in good faith pursuant to section 3507, prior to taking direct action on the matter or to acting indirectly by submitting a ballot measure to its voters. more or view all topics or full text.
4116204/10/17
A421M City of Parlier
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
PERB does not have the authority to conduct representation proceedings under the MMBA unless a public agency has not adopted local rules that address that particular representation issue in accordance with MMBA section 3507. Where a city has adopted local rules that address petitions by employee organizations for recognition as exclusive representatives, or where a city specifically adopted a rule that permits the employee relations officer to designate which positions are confidential and establishes a definition of “confidential employee,” as it is specifically authorized to do by MMBA section 3507.5.6, there is no “gap” for PERB to fill with its own representation rules, and PERB lacks jurisdiction to consider such a petition. more or view all topics or full text.
401606/04/15
2492M County of Butte
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
PERB’s remedial authority is determined by statute, not by a contractual agreement between parties, and this authority cannot be limited or constrained by stipulation of the parties. more or view all topics or full text.
413106/30/16
2462C Service Employees International Union, Local 721 (Oliver)
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Because the duty of fair representation is the quid pro quo for the exclusive representative’s right to employees, the absence of a duty of fair representation language in the Trial Court Act does not indicate legislative intent to deprive PERB of jurisdiction to consider duty of fair representation cases brought by Trial Court employees. more or view all topics or full text.
408911/24/15
2430M County of Kern
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
The Board granted with prejudice a charging party’s request to withdraw their exceptions to the ALJ’s proposed decision and that the proposed decision be made final and binding only to the parties in this dispute. MMBA section 3509, subd. (a), gives the Board broad discretion to grant or deny requests to withdraw exceptions and dismiss cases pending before the Board itself. Pursuant to the statutory purpose of promoting harmonious labor relations through the voluntary resolution of disputes, the Board will generally permit parties to withdraw exceptions pending before the Board pursuant to a voluntary settlement agreement resolving the issues in dispute. more or view all topics or full text.
3918006/10/15
2431M County of Santa Clara
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
To avoid acting in excess of its authority the Board has the obligation to determine whether it has jurisdiction over a matter, regardless of whether the issue has been raised by the parties. While MMBA section 3511 excludes PERB from hearing charges filed by “persons” who are peace officers, the statute does not prohibit the Agency from hearing charges brought by employee organizations that represent peace officers or employee organizations seeking to represent units including persons who are peace officers. more or view all topics or full text.
3918106/10/15
A409M City of Redondo Beach
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
While PERB’s authority to consider unfair practice issues pertaining to peace officers and management employees is limited by MMBA sections 3509, subdivision (f), and 3511, PERB has jurisdiction under MMBA section 3505.4 to appoint a factfinder in matters pertaining to peace officers and management employees. more or view all topics or full text.
3815204/09/14
A423M City of Folsom
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Factfinding is available for any dispute over any matter within the scope of representation, so long as the employee organization’s request is timely and the dispute is not subject to statutory exceptions. Factfinding is not limited to disputes over a comprehensive memorandum of understanding. Because the representative’s request was timely, involved a dispute over negotiable matters and did not fall within one of the statutory criteria, the Board affirmed an administrative determination that factfinding was appropriate. PERB does not conduct or oversee the factfinding process nor determine the issues to be presented at factfinding. The Board’s role in MMBA factfinding is generally limited to determining whether a request for factfinding meets the statutory criteria. Because the representative’s request was timely, involved a dispute over negotiable matters and did not fall within one of the statutory criteria, the Board affirmed an administrative determination that factfinding was appropriate. more or view all topics or full text.
3918406/11/15
A415M City and County of San Francisco
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
The Board stated that the issue of whether the former redevelopment agency of the City and County was a joint employer was best determined through unfair practice proceedings when the same factual and legal issues were also raised in an unfair practice charge pending investigation. PERB has the authority under MMBA section 3505.4 to determine whether factfinding applies to the particular dispute in which the request for factfinding arises. In the course of responding to a factfinding request the Board has jurisdiction to decide all factual and legal issues pertinent to the request, even if some of those issues are also pending in an unfair practice case. In this case, however, it was unnecessary for the Board to resolve the overlapping legal and factual issues to determine that a request for factfinding was sufficient. more or view all topics or full text.
392808/19/14
2409C Sonoma County Superior Court
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
The Trial Court Act contains provisions that mirror the sections in EERA that are the source of employee and employee organization rights. Thus, it is appropriate to look to EERA in interpreting the Trial Court Act. more or view all topics or full text.
398801/13/15
2417S California Association of Professional Scientists (Rachlis)
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Sections 3515.5 and 3519.5(b) of the Dills Act confer on the Board jurisdiction to determine whether an employee organization has exceeded its authority to discipline its members by expelling or suspending them from membership. more or view all topics or full text.
3912903/24/15
2371E National Education Association-Jurupa (Norman)
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
PERB does not have jurisdiction to enforce alleged contracts between a charging party and an employee organization. Charging Party failed to state a prima facie case for breach of the duty of fair representation by allegation that employee organization failed to provide him with an attorney in a permanent teacher dismissal proceeding. EERA does not require employee organizations to offer members economic benefits such as legal services, and nothing in EERA envisions PERB enforcing such alleged promises to provide member benefits. more or view all topics or full text.
3815604/18/14
A410M County of Contra Costa
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
The Board has the authority to consider whether or not the factfinding procedures of the MMBA, including MMBA section 3505.4, apply to single-issue bargaining disputes or any other disputes outside negotiations for a new or successor MOU. The Office of the General Counsel’s administrative determination is not an “advisory” opinion, since it resolved a controversy that was squarely placed before the Office of the General Counsel when the County claimed that factfinding did not apply to the bargaining dispute over which the union requested factfinding. The Board’s consideration of the Office of the General Counsel’s administrative determination is not a conflict of interest, since the General Counsel does not provide legal guidance to Board Members regarding cases under the Board’s consideration. There is nothing improper about the General Counsel defending PERB in litigation, even if the same issues are subsequently presented to the Board itself by appeals of administrative determinations. more or view all topics or full text.
3815404/16/14
2388M City of Palo Alto * * * SUPERCEDED by City of Palo Alto (2017) PERB Decision No. 2388a-M
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
In MMBA section 3509(b), the Legislature has conferred on PERB exclusive initial jurisdiction over allegations that a public agency, including without limitation a charter city, has failed or refused to consult in good faith pursuant to section 3507, prior to taking direct action on the matter or to acting indirectly by submitting a ballot measure to its voters. more or view all topics or full text.
392508/06/14
A419M City and County of San Francisco
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Because the Office of the General Counsel has no role in advising the Board itself in its appellate function regarding cases pending before the Board, there is nothing improper about the Office of the General Counsel representing PERB in litigation seeking to halt PERB’s administration of MMBA section 3505.4 factfinding, even if the same issues are subsequently presented to the Board itself by appeals of administrative determinations. more or view all topics or full text.
397211/24/14
2312M Housing Authority of the City of Los Angeles
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
The Board finds withdrawal of the unfair practice charge to be in the best interests of the parties and consistent with the purposes of the MMBA. Accordingly, the Board grants the union’s request to withdraw the charge. more or view all topics or full text.
03/21/13
2318M County of Amador
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Where, as here, the local rule that purports to establish the timing for the filing of a decertification petition is directly contrary to the MMBA, PERB has no choice but to replace the illegal rule with its own regulation on that subject. When the provision of the employer’s employment relations policy (ERP) that conflicts with MMBA section 3507 is excised, leaving the ERP with no regulation establishing a certification bar as required by MMBA section 3507 and no rule dictating when decertification petitions can be filed, PERB may substitute its Regulation 61200, Bar to Conducting Election, which contains both the contract bar and certification bar doctrine, as well as a filing “window period” if there is an MOU in effect with a term of three years or less. PERB’s “gap-filling” authority does not extend to revising or amending local rules, even if the local entity requests PERB to do so. Permitting amendment by PERB order would allow the employer to avoid its obligation under MMBA section 3507(a), an outcome contrary to law. The plain meaning of MMBA section 3509(a) vests PERB with the authority to “adopt rules to apply in areas where a public agency has no rule,” which does not include “filling the gap” with MMBA section 3507(b) instead of PERB’s regulations. To interpret a provision of a county employment relations policy to mean its opposite literal meaning goes beyond interpretation and into the realm of legislation by amending the policy, especially when a PERB Regulation exists which “fills the gap.” more or view all topics or full text.
382307/12/13
2360M County of Riverside
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Any argument that PERB should refrain from enforcing the MMBA by ordering a back-pay remedy, because such an order is unconstitutional, cannot be considered by this agency. The holding of County of Riverside (2003) 30 Cal.4th 278 with respect to private arbitration panels does not divest PERB of its jurisdiction to remedy violations of the MMBA. Having failed to request the Board agent’s recusal immediately when the County allegedly had reason to believe she was biased against it at the outset of the investigation of the unfair practice charge, the County may not make such request in exceptions to the ALJ’s proposed decision. more or view all topics or full text.
3813803/25/14
A399M City of Vallejo
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Both the plain language of MMBA section 3509 and legislative intent behind that section are clear that PERB regulations serve to “fill in the gap” when a local agency has not adopted a local rule on a particular representation issue. Since the employer has not adopted a local rule that provides a severance process, pursuant to PERB Regulation 61000, PERB will conduct representation proceedings in the above-referenced matter, and PERB regulations on the filing of a severance petition under MMBA apply. more or view all topics or full text.
04/12/13
2163M County of Riverside
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Under the MMBA, PERB regulations apply only when the agency has no local rule governing a particular representation matter. Because a county had local rules governing unit modification, PERB Regulation 61450(e)(1), requiring a showing of majority support among unrepresented employees to be added to an existing bargaining unit when the addition would increase unit size by more than ten percent, did not apply despite the local rules’ silence on majority support. more or view all topics or full text.
354202/18/11
A386M County of Orange
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Under the MMBA, PERB has jurisdiction over a representation petition only when an agency’s local rules contain no provision that can accomplish what the petitioner is seeking without placing an undue burden on the petitioner. Because a county’s local rule governing unit modification provided the functional equivalent of a unit severance rule and did not unduly burden the petitioning union, PERB lacked jurisdiction over the severance petition. more or view all topics or full text.
3415710/25/10
2138M County of Orange
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Under the MMBA, PERB regulations will apply only when the agency’s local rules contain no provision that can accomplish what the petitioner is seeking without placing an undue burden on the petitioner. Because a county’s local rule governing unit modification provided the functional equivalent of a unit severance rule and did not unduly burden the petitioning union, the local rule, and not PERB regulations, applied to the union’s severance petition. more or view all topics or full text.
3415610/25/10
2113M County of Siskiyou/Siskiyou County Superior Court
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
MMBA section 3509(a) and Trial Court Act section 71639.1(b) grant PERB the authority to adopt rules to apply in areas where a local agency or trial court has no rule. PERB regulations thus serve to “fill in the gaps” when a local agency or trial court has not adopted local rules governing a particular representation issue. Because county and trial court had not adopted local rules governing amendment of certification, PERB’s regulations on the subject applied to petitions to amend an exclusive representative’s certification. more or view all topics or full text.
349506/07/10
2107H Regents of the University of California
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Parties cannot waive, either expressly or by implication, PERB’s authority under HEERA section 3563(a) to determine appropriate bargaining units for higher education employers. more or view all topics or full text.
348105/10/10
2018S State of California (Department of Personnel Administration)
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
PERB’s jurisdiction is limited and does not include the enforcement of other independent statutory schemes. Therefore, PERB lacks the jurisdiction over alleged labor code disputes. more or view all topics or full text.
337104/07/09
2082E Ventura County Community College District
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
EERA section 3541.5 sets forth PERB’s jurisdiction and authority to determine whether or not charges of unfair practices are justified. Section 3541.5(a)(2) addresses PERB’s authority relative to matters also covered by collective bargaining agreements between the parties, and provides that PERB may review an arbitration decision resulting from the parties’ grievance/arbitration process, to determine whether it is repugnant to the purposes of EERA. However, PERB’s authority remains limited to the issuance of a complaint that alleges respondent engaged in conduct that violates EERA. EERA does not provide for an independent de novo review of third-party arbitration decisions. A charge based solely on a claim that a third-party arbitration decision is repugnant cannot stand on its own and is insufficient to state a prima facie case for violation of EERA. Here the District’s charge sought a repugnancy review of an arbitration between the parties, however, it did not allege conduct by the Respondent/Federation that violated EERA and therefore did not establish a prima facie case against the respondent for violation of the Act. more or view all topics or full text.
341412/09/09
A382S State of California (Department of Corrections and Rehabilitation)
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
PERB may not modify its regulations by decisional law. In absence of regulation allowing filing of documents under seal, Appeals Assistant properly rejected sealed exhibit that was not served on opposing party. more or view all topics or full text.
344412/30/09
2071M County of San Bernardino (County Library)
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
PERB has no authority to process an alleged violation of county personnel rules as an unfair practice charge. MMBA section 3507(a) allows a public agency to adopt rules governing relations with employee organizations representing its employees. Section 3507(a) does not contemplate adoption of rules governing relations between the public agency and individual employees, such as county personnel rules. more or view all topics or full text.
3317610/20/09
1987I Region 4 Court Interpreter Employment Relations Committee and the Superior Court of California, County of Riverside
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Under the Trial Court Interpreter Act, interpreters in full- or part-time positions and court interpreters pro tempore on an as-needed basis without benefits are considered trial court employees. Although the Trial Court Interpreter Act contains provisions granting certain rights to non-employee independent contractors, independent contractor interpreters are not considered trial court employees, and do not have collective bargaining rights. Therefore, PERB lacks jurisdiction over charge by a labor organization alleging violations of the Trial Court Interpreter Act on behalf of an independent contractor. more or view all topics or full text.
33911/21/08
2026E Cottonwood Union Elementary School District
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
It effectuates the purposes of EERA to permit withdrawal of exceptions related to the appeal of the ALJ’s proposed decision. more or view all topics or full text.
339605/15/09
1945E Journey Charter School * * * VACATED by Journey Charter School (2009) PERB Decision No. 1945a
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
EERA is applicable to charter schools. (Ed. Code section 47611.5(a).) As of January 1, 2000, charter school employees have the right to form, join and participate in the activities of employee organizations under EERA section 3543, and PERB has the authority to investigate allegations of unfair practices committed in a charter school under EERA section 3541.3(i). more or view all topics or full text.
324502/28/08
A367S State of California (Information Technology Bargaining Unit 22 and Service Employees International Union Local 1000/California State Employees Association)
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
PERB regulations are enacted pursuant to and in conformity with authority granted by the Legislature through the statutes creating PERB’s jurisdiction. more or view all topics or full text.
3115411/06/07
1937M City of Commerce
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
PERB has authority to review as an unfair practice charge the violation of local rules and regulations passed by a public agency pursuant to MMBA sections 3507 or 3507.5. (MMBA sec. 3509(b); PERB Regulation 32604(e). more or view all topics or full text.
323301/11/08
1782C Lake County Superior Court
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Pursuant to Government Code section 71655, PERB lacks jurisdiction to enforce due process violations in connection with disciplinary decisions under Article 5 of the Trial Court Act. more or view all topics or full text.
30711/01/05
1711S State of California, (Department of Consumer Affairs)
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
PERB does not have jurisdiction to remedy supervisors' claims of unfair labor practices under the Dills Act except under limited circumstances; p. 18. more or view all topics or full text.
291511/23/04
1624E Antelope Valley College Federation of Teachers (Stryker)
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
The Board lacks jurisdiction to adjudication allegations of race-based discrimination. more or view all topics or full text.
2814604/28/04
1698M City of San Rafael
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Legislature has expressly granted the Board the power and duty to adopt regulations and issue decisional authority necessity to effectuate the purposes and policies of the MMBA. The Board has used these powers to harmonize the various statutes under our jurisdiction where appropriate. However, the Board’s authority to adopt regulations and issue decisional authority in the face of silence in a statute must be exercised with caution.) more or view all topics or full text.
2826710/20/04
1573H American Arbitration Association (O'Malley)
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Board finds that it lacks jurisdiction to address the merits of the case when the responding party is not a covered entity under HEERA. Instead, the responding party is one of three entities which are authorized by PERB regulation 32994(b)(4) to select an impartial decision maker to hear agency fee appeals. more or view all topics or full text.
284012/30/03
1506E Santa Clarita Community College District (College of the Canyons)
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
By operation of the very language empowering PERB to make rules, the regulations must be enacted and construed in conformity with the provisions, purposes and policies of the Act. more or view all topics or full text.
273501/08/03
1564E Long Beach Community College District
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Board overruled California State University, San Diego (1989) PERB Decision No. 718-H, which found that statute of limitation under EERA was mandatory. Board held that it was not mandatory, but rather an affirmative defense that must be raised or is waived. more or view all topics or full text.
282712/08/03
1530S California Correctional Peace Officers Association (Moore)
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
A claim that a union allowing a supervisory employee who is the union chapter president unlawfully represents non-supervisory employees, alleges a violation of the Bill of Rights for State Excluded Employees (EEBR) not the Dills Act. PERB does not have jurisdiction over the EEBR. more or view all topics or full text.
279006/20/03
A327M City of Carson
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
MMBA Section 3509(a) grants PERB the authority to apply its powers and perform its duties described in Government Code Section 3541.3 to charges arising under the MMBA, while MMBA Section 3509(c) specifically grants PERB the authority to “enforce and apply rules adopted by a public agency concerning unit determinations, representation, recognition, and elections.” Thus, PERB has the statutory authority to determine if a public agency correctly applied local rules promulgated under the MMBA. more or view all topics or full text.
278806/20/03
I055M County of San Joaquin (Health Care Services)
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Seeking injunctive relief under Section 3541.3(j) and 3509(a) are appropriate powers of the Board. more or view all topics or full text.
253210909/05/01
1364E North Orange County Community College District
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
EERA empowers the Board to investigate unfair practice charges and take the action it deems necessary to effectuate the policies of EERA. The Board concludes that remanding the case to the General Counsel will effectuate the policies of EERA; p. 2. more or view all topics or full text.
243102312/10/99
A293H Regents of the University of California (California Nurses Association, et al.)
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
PERB is an administrative agency, expressly charged with the authority to administer the HEERA (HEERA sec. 3563). Article III, section 3.5 of the California Constitution states that an administrative agency, including an administrative agency created by the Constitution or an initiative statute, has no power to do the following: (a) To declare a statute unenforceable, or refuse to enforce a statute, on the basis of it being unconstitutional unless an appellate court has made a determination that such statute is unconstitutional; (b) To declare a statute unconstitutional; (c) To declare a statute unenforceable, or to refuse to enforce a statute on the basis that federal law or federal regulations to refuse to enforce a statute on the basis that federal law or federal regulations determination that the enforcement of such statute is prohibited by federal law or federal regulations. PERB has no power, pursuant to Article III, section 3.5 to find a statute to be unconstitutional. (San Ramon Valley Unified School District (1982) PERB Decision No. 254, at p. 7; The Regents of the University of California (1998) PERB Decision No. 1301-H, at pp. 18- more or view all topics or full text.
233005802/04/99
A251S State of California (Association of California State Attorneys and Administrative Law Judges and Professional Engineers in California Government) (California State Employees Association) (California Department of Forestry Employees' Association, Local 2882, International Association of Fire Fighters
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
The Dills Act assigns broad powers and duties to the Board, including the power to adopt regulations to carry out its responsibilities and effectuate the purposes of the Act; p. 2. more or view all topics or full text.
182505003/03/94
A246S State of California (Department of Personnel Administration) (California Union of Safety Employees)
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
It is appropriate to apply the rules of statutory construction to determine the meaning of regulations and when the meaning of terms is ambiguous. more or view all topics or full text.
172410205/18/93
A209E Apple Valley Unified School District
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Not within the Board's authority to adopt contract bar rules which are inconsistent with the express language of the statute; p. 10 more or view all topics or full text.
142112106/14/90
1259Ea Fall River Joint Unified School District
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
The Board reviews the record of cases before it de novo and may review issues that have not been raised in a party's exceptions when it deems it appropriate to do so; p. 5. more or view all topics or full text.
222910806/18/98
1103E Laguna Salada Union School District
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
The Board's statutory remedial powers cannot be limited or constrained by stipulation of the parties; p. 17. more or view all topics or full text.
192609505/11/95
0868E Whisman Elementary School District
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Although PERB's interpretation of EERA entitled to deference, ultimate responsibility to interpret statutes rests with the courts; p. 20. more or view all topics or full text.
152204302/14/91
0856E Elk Grove Unified School District
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Where the only charging party with standing to appeal dismissal of 3543.5(c) violation does not appeal, the Board may have discretion to examine the propriety of the dismissal, but here there is no compelling interest for Board to review dismissal of that portion of the charge; p. 6. more or view all topics or full text.
152200912/17/90
0802E San Ramon Valley Education Association CTA/NEA (Abbot/Cameron)
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Agency fee regulations not in effect at the time of litigation will not govern in the appeal to the Board; p. 3. more or view all topics or full text.
142107503/29/90
0759E El Dorado County Office of Education
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Filing by union of unfair practice charges over disputed contract applications does not state prima facie case of unilateral change by union, nor independent violation of section 3540. more or view all topics or full text.
132018909/13/89
0646E Lake Elsinore School District * * * OVERRULED by State of California (Department of Agriculture) (2002) PERB Decision No. 1473-S
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
EERA section 3541.5 operates as jurisdictional limitation on Board's authority to issue complaint where the matter is covered by the parties' grievance procedures and binding arbitration. more or view all topics or full text.
121901212/18/87
0637S Association of California State Attorneys and Administrative Law Judges (Mayer)
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
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
0549E Washington Unified School District
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Board's authority to evaluate unfair practice charges and to effectuate purposes of the act allow its agents to dismiss complaint sua sponte where it is clear there is no prima facie case stated; in addition to express authority, Board has authority to exercise powers necessary to administration of express powers, and powers fairly implied from statute. more or view all topics or full text.
101702412/16/85
1741H Trustees of the California State University
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Board dismissed charge alleging unlawful racial discrimination as such allegations fall outside of PERB’s jurisdiction. more or view all topics or full text.
296401/26/05
0365H Regents of the University of California
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
PERB not mandated by California decisional law to adopt lesser standard of "good cause" to excuse late filings. more or view all topics or full text.
81500612/14/83
0348S State of California (State Employees Trades Council)
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
PERB adopts NLRB precedent on signed tentative agreements, but not formally signed contract as bar to severance petition, even where NLRB precedent not predicated upon express statutory provision, but rather upon administrative decisional process. Authority of board to adopt NLRB principle. more or view all topics or full text.
71426209/30/83
0349E Anaheim City School District, et al.
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Legislature did not empower PERB to exercise regulatory authority over organizations' internal decisions which have no necessary bearing on rights or obligations established by the Act. more or view all topics or full text.
71426309/30/83
0335E Los Angeles Unified School District
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Board has authority to determine whether statutory public notice provisions have been violated. more or view all topics or full text.
71422708/18/83
0327S State of California (Department of Personnel Administration)
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Regulations adopted by PERB for SEERA ostensibly approved by the Legislature when enacting Dills. more or view all topics or full text.
71420007/14/83
0091E Dinuba Public Schools
104.1000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Board jurisdiction does not extend to suggesting or directing the manner in which employers and employee organizations maintain confidentiality of negotiations; p. 2. more or view all topics or full text.
31005304/02/79