All notes for Subtopic 201.05000 – Joint Powers Agreements
|Decision||Description||PERC Vol.||PERC Index||Date|
|A418M|| Workforce Investment Board of Solano County|
201.05000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?; Joint Powers AgreementsA joint powers agency created by several municipalities pursuant to the Joint Exercise of Powers Act is a “public agency” within MMBA section 3501(c), and therefore an MMBA employer subject to the Board’s jurisdiction. more or view all topics or full text.
|2263M|| Central Contra Costa Transit Authority|
201.05000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?; Joint Powers AgreementsThe Central Contra Costa Transit Authority, a joint powers agency, is a public agency within the meaning of MMBA section 3501, subdivision (c); on its face, the MMBA’s definition of “public agency” is a broad one; the “public agency” sub-category under the statute defining “public agency” in the MMBA is not defined and therefore must be viewed as including entities that have achieved the status of a public agency by statute, constitutional provision, case law or administrative precedent, and by examining the public nature of its operations and characteristics, unless to do so would violate the letter, purpose or spirit of the MMBA. more or view all topics or full text.
|1928E|| San Jose/Evergreen Community College District * * * OVERRULED IN PART by County of Ventura (2018) PERB Decision No. 2600-M|
201.05000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?; Joint Powers Agreements* * * OVERRULED IN PART by County of Ventura (2018) PERB Decision No. 2600-M, where the Board held a public entity with a right of control maintains its status as an employer regardless of the level of actual control it decides to exercise at any given time as long as it shares influence over, or co-determines, one or more terms or conditions of employment. * * *The Board is not necessarily bound by contract language when determining the existence of a joint employer relationship. The key inquiry in joint employer cases is the level of actual control exerted by the parties over the shared employees. Thus, while contract language provides legitimate indicia of control by one party it is not a dispositive factor in finding the existence of a joint employer relationship. more or view all topics or full text.
|1504E|| Clovis Unified School District|
201.05000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?; Joint Powers AgreementsAlthough originally at issue, it is undisputed, that as of the dates of the charge and hearing before the ALJ, the District, not the JPA was the employer of the unit employees and so it is not necessary to address whether the unit employees would become employees of the JPA once the District sponsored them into the JPA. more or view all topics or full text.
|0857E|| North Orange County Regional Occupational Program * * * SUPERSEDED by amendment to EERA section 3540.1, subdivision (k), Stats. 1999, Ch. 828|
201.05000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?; Joint Powers Agreements* * * SUPERSEDED by Stats. 1999, ch. 828 (A.B. 631), § 5.5, which added joint powers agency to the definition of public school employer or employer under the EERA where certain conditions are met. * * *A regional occupational program operating pursuant to a joint powers agreement is not a school employer under subdivision (k) of section 3540.1 of the Government Code. Board overruled Tulare County (1978) PERB Decision No. 57; pp. 7-16. more or view all topics or full text.
|0057E|| Tulare County Organization for Vocational Education, Regional Occupational Center and Program, Joint Powers Board of Directors,|
201.05000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?; Joint Powers AgreementsEntity created by joint powers agreement between 9 school districts to offer regional occupation program is an employer under EERA; pp. 4-6. (Overruled by North Orange CROP (1990) PERB Decision No. 857.) more or view all topics or full text.