Decision 1701E – Options for Youth-Victor Valley, Inc.

LA-RR-1082-E

Decision Date: November 5, 2004

Decision Type: PERB Decision

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Perc Vol: 29
Perc Index: 4

Decision Headnotes

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

Under California Constitution Article 3, section 3.5, the Board may not refuse to enforce the provisions of EERA on the grounds that it is preempted by federal law, namely Section 2(2) of the National Labor Relations Act, which defines “employer” under the federal act. Only an appellate court may make such a determination. OFY is not precluded from raising the federal preemption issue before PERB in order to preserve the issue for review in State court

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.03000 – NLRA/LMRDA Precedent

Under California Constitution Article 3, section 3.5, the Board may not refuse to enforce the provisions of EERA on the grounds that it is preempted by federal law, namely Section 2(2) of the National Labor Relations Act, which defines “employer” under the federal act. Only an appellate court may make such a determination. OFY is not precluded from raising the federal preemption issue before PERB in order to preserve the issue for review in State court.

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.04000 – Statutues in Other Jurisdictions

Under California Constitution Article 3, section 3.5, the Board may not refuse to enforce the provisions of EERA on the grounds that it is preempted by federal law, namely Section 2(2) of the National Labor Relations Act, which defines “employer” under the federal act. Only an appellate court may make such a determination.

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

It is undisputed that OFY, a charter school managed by a non-profit public benefit corporation and funded 90 percent through State funds, is a public school employer under EERA section 3540.1(k).

1300.00000 – REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION
1300.02000 – Request for Recognition

The Board granted the Association’s request for recognition for the full-time certificated employees at OFY, a charter school.