UNFAIR PRACTICE PROCEDURES; COMPLIANCE – In General

Single Topic for Decision A518E

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A decision of the Board itself regarding alleged unfair practices will qualify as a “final decision or order of the board in an unfair practice case” pursuant to Government Code section 3542, subdivision (b), if the decision dismisses all allegations or if the only process that remains to be finished is ensuring compliance with a remedial order. Respondents in most unfair practice cases therefore can consider whether to file an appellate writ before they must comply with a remedial order the Board issues. Occasionally, a respondent has the right to appeal two different Board decisions in the same case—an initial appeal regarding the Board’s main decision and then, after that appeal ends and PERB compliance proceedings take place, a second appeal limited to any new Board decision regarding compliance. The
Board’s order is interlocutory, as it addresses just one question and remands for further proceedings on multiple compliance issues. Therefore, it is not yet appealable under Government Code section 3542, subdivision (b), and the period in which a party may file a writ on compliance issues would begin only after any final compliance order issued by the Board itself. (See State of California (California Correctional Health Care Services) (2024) PERB Decision No. 2888-S, p. 38, fn. 17 [decision reversing and remanding for further litigation is not a final decision subject to appeal].) (p. 22, fn. 12.)