Decision 1698M – City of San Rafael

SF-CE-149-M

Decision Date: October 20, 2004

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 267

Decision Headnotes

100.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA
100.01000 – In General

Legislature has expressly granted the Board the power and duty to adopt regulations and issue decisional authority necessity to effectuate the purposes and policies of the MMBA. The Board has used these powers to harmonize the various statutes under our jurisdiction where appropriate. However, the Board’s authority to adopt regulations and issue decisional authority in the face of silence in a statute must be exercised with caution.

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

Legislature has expressly granted the Board the power and duty to adopt regulations and issue decisional authority necessity to effectuate the purposes and policies of the MMBA. The Board has used these powers to harmonize the various statutes under our jurisdiction where appropriate. However, the Board’s authority to adopt regulations and issue decisional authority in the face of silence in a statute must be exercised with caution

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)

Legislature has expressly granted the Board the power and duty to adopt regulations and issue decisional authority necessity to effectuate the purposes and policies of the MMBA. The Board has used these powers to harmonize the various statutes under our jurisdiction where appropriate. However, the Board’s authority to adopt regulations and issue decisional authority in the face of silence in a statute must be exercised with caution.)

750.00000 – EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE
750.01000 – In General

When a rule is disputed as unreasonable, the inquiry does not concern whether PERB would find a different rule more reasonable or the existing rule is unreasonable measured against an arbitrary standard. The question is whether the disputed rule is consistent with and effectuates the purposes of the express provisions of the MMBA.

1301.00000 – REPRESENTATION ISSUES; CONTRACT BAR
1301.01000 – In General

Board declined to depart from holding in City of Santa Barbara 125 Cal.App.3d 459, where court held that contract-bar doctrine is not incorporated within the MMBA.