Decision A161E – Rim of the World USD (Corcoran)

LA-CE-2169

Decision Date: December 31, 1986

Decision Type: PERB Decision

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Perc Vol: 11
Perc Index: 18019

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes

Board has concurrent jurisdiction with the Superior Court over conduct where one party to a labor dispute has sued for libel for a statement made during the course of the labor management relationship; pp. 13-14. Board stayed its proceedings until court libel action resolved because (1) PERB may be unable to provide as full and effective a remedy for the alleged libel as the court; (2) PERB's stay will accommodate the state's interest in providing a remedy for tortious conduct; and (3) the particular conduct is peripherally involved with the labor dispute; p. 18. Board does not have exclusive initial jurisdiction to determine whether an unfair practice has been committed where one party to a Board does not have exclusive initial jurisdiction to determine whether an unfair practice has been committed where one party to a