PARTIES; DEFINITIONS; WHO IS AN EMPLOYER? – Joint Employer, Single Employer, and Alter Ego Doctrines

Single Topic for Decision J027E

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(While PERB has not previously concluded that multiple public agencies have comprised a single employer, the Board has considered the “single employer” doctrine under EERA on prior occasions and determined under the facts of those cases that the “single employer” theory did not apply. The Board’s analysis of the doctrine clearly indicates that the “single employer” concept is not novel to the Board. There is nothing “unprecedented” about the Board’s finding that the 11 CAVA schools constitute a single employer.) (The Board’s conclusion that Education Code section 47611.5, subdivision (b) did not preclude a finding that a charter school with multiple sites was a single employer does not present a novel issue warranting judicial review. The fact that CAVA disagrees with the Board’s legal and factual conclusions does not make for a “novel” issue. If such disagreements did determine a “novel issue,” every case involving conflicting statutory interpretations, no matter their merit, would satisfy this element, rendering meaningless the policy considerations that counsel for a very strict standard in joining in requests for judicial review.)