Decision 1909M – San Diego Trolley, Inc.
Decision Date: June 18, 2007
Decision Type: PERB Decision
Description: The union alleged that San Diego Trolley, Inc. violated the MMBA by discriminating and dealing directly with employees represented by the union.
Disposition: The Board upheld the dismissal of the charge. The Board determined that it did not have jurisdiction of the case because the transit district’s labor relations statute was in the Public Utilities Code.
Perc Vol: 31
Perc Index: 112
101.01000 – In General
A transit district that has its own statutorily prescribed scheme of administering its employer-employee relations is not subject to the MMBA. The employer's labor relations statute in this case is located in the PUC, therefore PERB does not have jurisdiction in this matter. The issue of jurisdiction was not raised nor analyzed in Golden Empire Transit District (2004) PERB Decision No. 1704-M. Thus, the holding in that case does not require a finding that PERB has jurisdiction in the instant case. There is no authority to support the argument that where the enabling statute (in the PUC) for administering a transit district's employer-employee relations does not allow for the filing of unfair practice charges, then the district is governed by the MMBA.