CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Administrative and Judicial Notice

Single Topic for Decision 2094H

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* * * OVERRULED IN PART ON OTHER GROUNDS by Stats. 2011, ch. 539 (S.B. 857), § 4 and OVERRULED IN PART ON OTHER GROUNDS by Fresno County In-Home Supportive Services Public Authority (2015) PERB Decision No. 2418-M, as recognized in Oakland Unified School District (2024) PERB Decision No. 2906. * * *

The Board may exercise its discretion to take judicial notice of material from outside proceedings when the material is of probative value in the matter before the Board. The Board granted a request to take judicial notice of two legislative committee memoranda relevant to the legislative history of HEERA when PERB’s remedial authority under HEERA was at issue. The Board declined a request to take judicial notice of a temporary restraining order issued against a union that was not a party to the case before it.