Decision 2263M – Central Contra Costa Transit Authority
SF-CE-711-M
Decision Date: May 8, 2012
Decision Type: PERB Decision
Description: The charge alleged that the Central Contra Costa Transit Authority retaliated against the union president for having engaged in protected activity of meeting with management to discuss a personnel matter involving another employee.
Disposition: The Board issued a decision reversing the dismissal of the charge and remanding the matter to the Office of the General Counsel for further investigation on the underlying charge allegations, concluding that PERB’s jurisdiction extended to the employer, a joint powers agency.
Perc Vol: 36
Perc Index: 177
Decision Headnotes
201.05000 – Joint Powers Agreements
The Central Contra Costa Transit Authority, a joint powers agency, is a public agency within the meaning of MMBA section 3501, subdivision (c); on its face, the MMBA’s definition of “public agency” is a broad one; the “public agency” sub-category under the statute defining “public agency” in the MMBA is not defined and therefore must be viewed as including entities that have achieved the status of a public agency by statute, constitutional provision, case law or administrative precedent, and by examining the public nature of its operations and characteristics, unless to do so would violate the letter, purpose or spirit of the MMBA.
1107.13000 – Administrative and Judicial Notice
The Board may take notice of the Roster of Public Agencies, filed in the Office of the Secretary of State, as material subject to judicial notice as an official act of the executive department of the State of California pursuant to Evidence Code, section 452, subdivision (c).
1407.01000 – General Principles
Legislative history documents communicated to the Legislature as a whole constitute evidence of legislative intent; Senate Rules Committee reports and analyses are cognizable legislative history; Office of the Senate Floor analyses are also cognizable legislative history.