Decision 0082E – Fresno Unified School District

ALJ properly excluded evidence concerning party not named in charge, complaint or at hearing, where evidence irrelevant as to named party; p. 8.

Allegation that employees of transportation company discriminated against dismissed for lack of jurisdiction, as district and transportation company not found to be single employer, second transportation company not public school employer under EERA; pp. 4-8. To be taken into account in determining single employer status are 1) interrelation of opertions, 2) centralized control of labor relations, 3) common management, and 4) common ownership of financial control; p. 5.

Transportation company which provides bus service to school district not public school employer under EERA; p. 4.

Fact that NLRB may decline jurisdiction under the NLRA is neither dispositive or persuasive as to the jurisdiction of PERB under the EERA; no indication in EERA that jurisdiction of PERB should extend to the boundaries of NLRB jurisdiction; pp. 6-7; constitutional theory unrelated to interpretation of jurisdictional provisions of EERA will not be considered; p. 7.