Amador Valley Secondary Educators Assn. v. Newlin

In Amador Valley Secondary Educators Assn. v. Newlin (1979) 88 Cal.App.3d 254, the court, in addressing an unfair practice claim, stated that: "'The initial determination as to whether the charges of unfair practices are justified, and, if so, what remedy is necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the Public Employment Relations Board.' . . . The PERB has the power and duty to 'investigate unfair practice charges or alleged violations of this chapter, and take such action and make such determinations in respect of such charges or alleged violations as the board deems necessary to effectuate the policies of this chapter.' . . . para. Where the unilateral actions of a school board arising from a labor dispute arguably give rise to unfair practice claims, section 3541.5 removes from the courts the initial jurisdiction to resolve the dispute." ( Id. at p. 257.)