All notes for Subtopic 1407.02000 – Amendments to Statute

DecisionDescriptionPERC Vol.PERC IndexDate
2308M City of Santa Rosa
1407.2000: GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION; Amendments to Statute
The California Legislature’s 2000 amendment to the MMBA embodied in AB 1852 did not create an exception to the rule that an imposition does not establish a set duration for imposed terms and conditions of employment. The legislative history of AB 1852 contains nothing to support the claim that there is a one-year hiatus on the union’s duty to bargain. The legislative intent was to declare that the employer’s post-impasse imposition does not establish an MOU and therefore does not extinguish the right of the employee organization to negotiate prior to the adoption of the agency’s annual budget, or "as otherwise required by law." (MMBA section 3505.4.) The amended statute is thus a sword enabling the union to assert bargaining rights after imposition. It is not a shield protecting the union from legitimate demands to bargain from the employer. more or view all topics or full text.
03/08/13

1407.2000: GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION; Amendments to Statute
Legislature is deemed to be aware of the content of its own statutory enactments. [227 Cal.App.3d at 778] more or view all topics or full text.

1407.2000: GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION; Amendments to Statute
Provisions of Dills Act lack constitutional prerequisites for amending EERA. Pursuant to California Constitution, section of statute may not be amended unless section is re-enacted as amended. [49 Cal.3d at 599] more or view all topics or full text.

1407.2000: GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION; Amendments to Statute
Failure of legislature to amend statute after issuance of Attorney General Opinion, supports inference that statute was appropriately interpreted. more or view all topics or full text.
0460E Monrovia Unified School District
1407.2000: GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION; Amendments to Statute
Amendment to statute adding discipline short of dismissal to section 3543.2 did not abrogate existing contractual language ceding disciplinary authority to employer. more or view all topics or full text.
91602812/13/84
0077E Peralta Community College District
1407.2000: GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION; Amendments to Statute
Amendments affecting unrelated sections, or even reenactment of language will not be construed to approve or condone an administrative agency's prior erroneous interpretation of a statute; p. 13. more or view all topics or full text.
2221411/17/78