Perb

Coachella Valley Mosquito & Vector Control District v. California Public Employment Relations Board

Good Law
2005 Cal. LEXIS 5953·2005 Daily Journal DAR 6736·29 Cal. Rptr. 3d 234·35 Cal. 4th 1072·112 P.3d 623
Supreme Court of CaliforniaJune 9, 2005S122060California7,427 words

Opinion

Opinion

Kennard, J.

The Meyers-Milias-Brown Act (Gov. Code, §§ 3500-3511; hereafter the MMBA) governs collective bargaining and employer-employee relations for most California local public entities, including cities, counties, and special districts. Before July 1, 2001, an employee association claiming a violation of the MMBA could bring an action in superior court. (See Santa Clara County Counsel Attys. Assn. v. Woodside (1994) 7 Cal.4th 525, 541-542 [ 28 Cal.Rptr.2d 617 , 869 P.2d 1142 ].) Effective July 1, 2001, however, the Legislature vested the California Public Employment Relations Board (PERB) with exclusive jurisdiction over alleged violations of the MMBA. (Gov. Code, § 3509, added by Stats. 2000, ch. 901, § 8.) In making this fundamental change, the Legislature did not specify a limitations period for making an MMBA unfair practice charge to the PERB. Under every other public employment law subject to the PERB’s jurisdiction, however, the Legislature has expressly designated six months as the limitations period for making an unfair practice charge. (See Gov. Code, §§ 3514.5, subd. (a), 3541.5, subd. (a), 3563.2, subd. (a), 71639.1, subd. (c), 71825, subd. (c); Pub. Util. Code, §…

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