Decision 1909M – San Diego Trolley, Inc.

LA-CE-336-M

Decision Date: June 18, 2007

Decision Type: PERB Decision

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Perc Vol: 31
Perc Index: 112

Decision Headnotes

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