Decision A414M – County of Fresno
Decision Date: June 17, 2014
Decision Type: Administrative Appeal
Perc Vol: 39
Perc Index: 8
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
PERB has jurisdiction to determine on a case-by-case basis whether the provisions of MMBA section 3505.4 apply to a particular factfinding request, and PERB Regulation 32802(c) empowers the Board to notify the parties whether a request for factfinding has met the requirements of subsection (a)(1) or (2) of PERB Regulation 32802. Such a determination is not an advisory opinion to the Board.
900.01000 – In General
The plain meaning of AB 646 did not limit MMBA factfinding procedures only to impasses in negotiations for comprehensive MOUs.
900.04000 – During Impasse
The plain meaning of AB 646 did not limit MMBA factfinding procedures only to impasses in negotiations for comprehensive MOUs. PERB's authority to appoint a factfinding panel derives from MMBA section 3505.4, and is not predicated on an alleged violation of the MMBA. An order directing the parties to factfinding, after PERB concluded that factfinding applied to the dispute, does not necessarily resolve the issues involved in an unfair practice case alleging unilateral change prior to the exhaustion of impasse. Factfinding order, unlike a remedy in an unfair practice proceeding, does not result in a determination of liability for violation of MMBA, and therefore carries no potential for order to rescind or make whole.
1405.01000 – In General
PERB is not bound by a superior court's injunction and issuance of a writ of mandate where court's order is on appeal, because appeal automatically stays those orders. Doctrines of res judicata and collateral estoppel do not apply until and unless a court decision is final.
1407.01000 – General Principles
The Legislature is presumed to have known when AB 646 was passed that PERB applied the impasse resolution procedures under EERA to single-issue bargaining disputes, mid-term contract negotiations and effects bargaining disputes.