GENERAL LEGAL PRINCIPLES; AGENCY – Employer Responsibility

Single Topic for Decision 2332E

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Under either the judicial or PERB tests to establish ostensible or apparent authority of an employer’s agent, a union’s reliance on the authority of an employer’s attorney and bargaining representative to bind the employer to a settlement agreement of a PERB unfair practice charge is reasonable. Ratification by a vote of a school district’s governing board is not the sine qua non of a binding agreement entered into by a district’s duly authorized agent.