CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Disqualification or Bias of Board Agent

Single Topic for Decision A402E

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A “fixed anticipatory prejudgment” against a party must be shown to establish bias sufficient for Board agent disqualification. Prejudgment is established through statements or conduct by the Board agent indicating a clear predisposition against a party. Erroneous legal or factual rulings, in themselves, do not indicate bias. PERB Regulation 32155(c) requires that any request that a Board agent disqualify himself or herself be made under oath and specifically set forth all facts supporting it. PERB Regulation 32155(c) does not require the concurrence of the parties to the identity of a replacement Board agent. The Board agent’s statement in the order to show cause, that the academy had failed thus far to provide sufficient evidence to rebut the presumption that the proposed unit was appropriate, did not indicate bias, but rather a candid and appropriate appraisal of the academy’s position.