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7 California opinions name it 3 courts 2008–2018 0 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Coachella Valley Mosquito & Vector Control District v. California Public Employment Relations Boardgreen2 sentences2012Section 3509, subdivision (b), provides: “A complaint alleging any violation of [the MMBA] . . . shall be processed as an unfair practice charge by [PERB], The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of [PERB] . . . .” (Italics added.) This enactment removed “from the courts their initial jurisdiction over MMBA unfair practice charges” (Coachella Valley, supra, 35 Cal.4th at p. 1089 ) and vested exclusive initial jur 2008Before July 1, 2001, an employee association claiming a violation of the MMBA could bring an action in superior court. [Citation.] Effective July 1, 2001, however, the Legislature vested the California Public Employment Relations Board (PERB) with exclusive jurisdiction over alleged violations of the MMBA." ( Coachella Valley, supra, 35 Cal.4th 1072, 1077 .) Government Code section 3509, subdivision (b), [5] provides: "A complaint alleging any violation of this chapter . . . shall be processed as an unfair practice charge by the board. | 1 | 4 |
Boling v. Public Employment Relations Boardgreen2 sentences2018A complaint alleging any violation of article 3 of the Trial Court Act shall be processed by PERB as an unfair practice charge. (§ 71639.1, subd. (c).) "The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of [article 3 of the Trial Court Act], shall be a matter within the exclusive jurisdiction of [PERB]." (§ 71639.1, subd. (c).) The Trial Court Act provides that "[a]ny charging party, respondent, or intervenor aggrieved by a final decision or order of [PERB] in an unfair practice case ... ma 2018A complaint alleging any violation of article 3 of the Trial Court Act shall be processed by PERB as an unfair practice charge. (§ 71639.1, subd. (c).) "The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of [article 3 of the Trial Court Act], shall be a matter within the exclusive jurisdiction of [PERB]." (§ 71639.1, subd. (c).) The Trial Court Act provides that "[a]ny charging party, respondent, or intervenor aggrieved by a final decision or order of [PERB] in an unfair practice case ... ma | 1 | 2 |
City of San Jose v. Operating Engineers Local Union No. 3green2 sentences2012(Id. at p. 1077; accord, City of San Jose v. Operating Engineers Local Union No. 3 (2010) 49 Cal.4th 597, 605-606 [ 110 Cal.Rptr.3d 718 , 232 P.3d 701 ] (San Jose).) “One key provision of the MMBA is its meet-and-confer requirement. ‘Section 3505 of the MMBA requires governing bodies of local agencies to “meet and confer [with employee representatives] in good faith regarding wages, hours, and other terms and conditions of employment” and to “consider fully” such presentations made by the employee organizations.’ ” (DiQuisto v. County of Santa Clara (2010) 181 Cal.App.4th 236, 254 [ 104 Cal.Rp 2011(Stats. 2000, ch. 901, § 8.) Subdivision (b) of that statute provides in relevant part: ‘A complaint alleging any violation of [the MMBA] . . . shall be processed as an unfair practice charge by [PERB], The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of [PERB].’ (Italics added.) This enactment removed ‘from the courts their initial jurisdiction over MMBA unfair practice charges’ [citation] and vested such jurisdiction in | 1 | 2 |
DiQuisto v. County of Santa Claragreen2 sentences2012(Id. at p. 1077; accord, City of San Jose v. Operating Engineers Local Union No. 3 (2010) 49 Cal.4th 597, 605-606 [ 110 Cal.Rptr.3d 718 , 232 P.3d 701 ] (San Jose).) “One key provision of the MMBA is its meet-and-confer requirement. ‘Section 3505 of the MMBA requires governing bodies of local agencies to “meet and confer [with employee representatives] in good faith regarding wages, hours, and other terms and conditions of employment” and to “consider fully” such presentations made by the employee organizations.’ ” (DiQuisto v. County of Santa Clara (2010) 181 Cal.App.4th 236, 254 [ 104 Cal.Rp 2012(Id. at p. 1077; accord, City of San Jose v. Operating Engineers Local Union No. 3 (2010) 49 Cal.4th 597, 605-606 [ 110 Cal.Rptr.3d 718 , 232 P.3d 701 ] (San Jose).) “One key provision of the MMBA is its meet-and-confer requirement. ‘Section 3505 of the MMBA requires governing bodies of local agencies to “meet and confer [with employee representatives] in good faith regarding wages, hours, and other terms and conditions of employment” and to “consider fully” such presentations made by the employee organizations.’ ” (DiQuisto v. County of Santa Clara (2010) 181 Cal.App.4th 236, 254 [ 104 Cal.Rp | 1 | 1 |
Nolan v. City of Anaheimred2 sentences2008However, when the language is susceptible of more than one reasonable interpretation, we look to a variety of extrinsic aids, including the ostensible objects to be achieved, the evils to be remedied, the legislative history, public policy, contemporaneous administrative construction, and the statutory scheme of which the statute is a part. [Citations.]" ( Nolan v. City of Anaheim (2004) 33 Cal.4th 335, 340 [ 14 Cal.Rptr.3d 857 , 92 P.3d 350 ].) Reenacted section 3509, subdivision (b), states: "A complaint alleging any violation of this chapter ... shall be processed as an unfair practice char 2008However, when the language is susceptible of more than one reasonable interpretation, we look to a variety of extrinsic aids, including the ostensible objects to be achieved, the evils to be remedied, the legislative history, public policy, contemporaneous administrative construction, and the statutory scheme of which the statute is a part. [Citations.]" ( Nolan v. City of Anaheim (2004) 33 Cal.4th 335, 340 [ 14 Cal.Rptr.3d 857 , 92 P.3d 350 ].) Reenacted section 3509, subdivision (b), states: "A complaint alleging any violation of this chapter ... shall be processed as an unfair practice char | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
County of Los Angeles v. Los Angeles County Employee Relations Commission
green
2 sentences2018However, when the question of law involves the interpretation of labor law provisions within the jurisdiction of PERB, courts usually defer to PERB's construction. ( County of Los Angeles v. Los Angeles County Employee Relations Com. (2013) 56 Cal.4th 905 , 922, 157 Cal.Rptr.3d 481 , 301 P.3d 1102 ( County of Los Angeles ).) Accordingly, we accept PERB's interpretation of the Trial Court Act "unless it is clearly erroneous." ( Ibid . ) Where the language of article 3 of the Trial Court Act is "the same or substantially the same" as that of the Meyers-Milias-Brown Act (§§ 3500-3511), which gove 2018However, when the question of law involves the interpretation of labor law provisions within the jurisdiction of PERB, courts usually defer to PERB's construction. ( County of Los Angeles v. Los Angeles County Employee Relations Com. (2013) 56 Cal.4th 905 , 922, 157 Cal.Rptr.3d 481 , 301 P.3d 1102 ( County of Los Angeles ).) Accordingly, we accept PERB's interpretation of the Trial Court Act "unless it is clearly erroneous." ( Ibid . ) Where the language of article 3 of the Trial Court Act is "the same or substantially the same" as that of the Meyers-Milias-Brown Act (§§ 3500-3511), which gove | 1 | 2018–2018 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.