Decision 1491S – State of California (State Personnel Board)

SA-CE-1295-S

Decision Date: July 18, 2002

Decision Type: PERB Decision

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Perc Vol: 26
Perc Index: 33102

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.01000 – In General

Although the Board does not have jurisdiction to rule on the constitutionality of the SPB’s actions, the Board may harmonize provision of the laws under its jurisdiction with other laws.

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession

Although the Board does not have jurisdiction to rule on the constitutionality of the SPB’s actions, the Board may harmonize provision of the laws under its jurisdiction with other laws.

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
201.01000 – In General

The case is remanded for the ALJ to determine on the merits if the SPB, whether or not acting in a quasi-adjudicatory capacity, is an “employer” under Section 3513(j) of the Dills Act. The ALJ’s ruling that PERB lacks jurisdiction over a state agency acting in an adjudicatory capacity is overly broad.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.07000 – Parties

Under PERB Regulation 32164(d), on its own motion, the Board may order joinder of a party. Since any decision in this matter would impact DPA in the same manner as IUOE, in order to ensure a just resolution, the Board orders DPA be joined under Section 32164(d). Such joinder would also eliminate any confusion as to DPA’s status as a party in this case.

1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
1104.02000 – Motions

Because of confusion in the conduct of PERB’s informal and formal hearing processes in this matter, IUOE did not file a timely response to SPB’s motion to dismiss. In these circumstances, the ALJ’s notice of dismissal without considering IUOE’s response does not yield a just result.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.03000 – Remand for Further Hearing; Remand to General Counsel

The significance of the issues in this case are so critical that only a hearing would provide sufficient information to yield a fair and well-reasoned result. Consequently, the Board remands this case to the ALJ for hearing on the merits of SPB’s motion to dismiss.