Decision 0857E – North Orange County Regional Occupational Program * * * SUPERSEDED by amendment to EERA section 3540.1, subdivision (k), Stats. 1999, Ch. 828
LA-R-943
Decision Date: December 17, 1990
Decision Type: PERB Decision
* * * SUPERSEDED by amendment to EERA section 3540.1, subdivision (k), Stats. 1999, Ch. 828 * * *
Disposition: The Board found that NOCROP was not a public school employer under PERB, and, accordingly, there was no jurisdiction for the Board to resolve this matter. Therefore, the Board denied ROPEA ‘ s petition requesting unit recognition. In making the order, the Board specifically overruled Tulare County Organization for Vocational Education (1978) PERB Decision No. 57, insofar as Tulare county held that a regional occupational center or program operated by a joint powers agency was a public school employer under PERB.
Perc Vol: 15
Perc Index: 22010
Decision Headnotes
1500.03000 – Education Code Sections Considered by PERB (By Subject)
* * * SUPERSEDED by Stats. 1999, ch. 828 (A.B. 631), § 5.5, which added joint powers agency to the definition of public school employer or employer under the EERA where certain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. * * *
Education Code expressly provides for creation and characterization of regional occupational centers and programs operating pursuant to joint powers agreements; pp. 9-12.
1500.02000 – Education Code Sections Considered by PERB (By Number)
* * * SUPERSEDED by Stats. 1999, ch. 828 (A.B. 631), § 5.5, which added joint powers agency to the definition of public school employer or employer under the EERA where certain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. * * *
Education Code Section 52300, et seq. expressly provides for creation and characterization of regional occupational centers and programs operating pursuant to joint powers agreements; pp. 9-12.
1407.01000 – General Principles
* * * SUPERSEDED ON OTHER GROUNDS by Stats. 1999, ch. 828 (A.B. 631), § 5.5. * * *
The fundamental rule is for a court to ascertain the intent of the Legislature so as to effectuate the purpose of the law. Where no ambiguity exists, the intent of the Legislature is to be gleaned from the words of the statute itself, according to the usual and ordinary import of the language. An administrative agency may not alter or amend a statute or enlarge its scope where a statute enumerates things upon which it is to operate, it is to be construed as excluding from its effect, all those not expressly mentioned. The function of the word "or" is to mark an alternative such as "either this or that." Every word in a statute is intended and a construction making some words surplusage is to be avoided.
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
* * * SUPERSEDED ON OTHER GROUNDS by Stats. 1999, ch. 828 (A.B. 631), § 5.5. * * *
PERB has only that jurisdiction and powers as have been conferred by the statutes; PERB acts in excess of that jurisdiction if it violates the express language of the statutes; and its jurisdictional limit cannot be overcome by past practices or its regulations or rulings nor can it acquire jurisdiction by the parties, consent, agreement, stipulation or acquiescence, nor by waiver or estoppel; pp. 6, 7, 8, 15, 16.
201.05000 – 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.