MISCELLANEOUS ISSUES; REGULATIONS – Regulations Considered (By Number)

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* * * OVERRULED IN PART ON OTHER GROUNDS by County of Sacramento (2013) PERB Decision No. 2315-M. * * *

PERB Regulation 32320 allows the Board to issue its decision based upon the record of the hearing and gives the Board broad discretion in its review of an ALJ’s proposed decision. The Board is free to draw its own conclusions from the record apart from those of the ALJ. The Board could not adjudicate employee organization’s claims that the disciplinary procedures in the court reporters’ pre-hire agreement were an unlawful unilateral decision and constituted unlawful bypass, because the factual allegations did not include a “clear and concise statement of the facts and conduct alleged to constitute an unfair practice” as required by PERB Regulation 32615(a)(5).