PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Single Topic for Decision A421M
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104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
PERB does not have the authority to conduct representation proceedings under the MMBA unless a public agency has not adopted local rules that address that particular representation issue in accordance with MMBA section 3507. Where a city has adopted local rules that address petitions by employee organizations for recognition as exclusive representatives, or where a city specifically adopted a rule that permits the employee relations officer to designate which positions are confidential and establishes a definition of “confidential employee,” as it is specifically authorized to do by MMBA section 3507.5.6, there is no “gap” for PERB to fill with its own representation rules, and PERB lacks jurisdiction to consider such a petition.