All notes for Subtopic 102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)

DecisionDescriptionPERC Vol.PERC IndexDate
2575M Service Employees International Union Local 521 (Garcia)
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Charging Parties alleged that their exclusive representative had breached its duty of fair representation by: (1) inducing Charging Parties to continue working misclassified overtime hours with false assurances that they would be fully compensated for all overtime hours worked if the organization prevailed in its grievance against the employer; (2) urging an arbitrator to award all employees an equal lump sum payment to remedy the grievance and capping the employer’s total liability, rather than awarding full back pay only to those employees who actually worked the misclassified hours; and, (3) failing to provide notice and opportunity for input and/or misleading Charging Parties regarding the status of settlement negotiations and the terms of an arbitrator’s opinion and award, despite requests by Charging Parties for such information. The Office of the General Counsel dismissed the charge for lack of jurisdiction over the arbitrator, lack of ripeness for review, and/or failure to state a prima facie case of an unfair practice. more or view all topics or full text.
432206/28/18
2575M Service Employees International Union Local 521 (Garcia)
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
The Board denied an appeal and adopted the dismissal of an unfair practice charging alleging a breach of the duty of fair representation arising from damages allegedly suffered as the result of an arbitrator’s opinion and award in a grievance brought by the exclusive representative on Charging Parties’ behalf. An arbitrator is not a proper respondent in an unfair practice and therefore PERB had no authority to review the arbitrator’s opinion and award to determine if its provisions constituted an unfair labor practice. Additionally, the facts, as alleged in the charge, demonstrated that Charging Parties had notice and opportunity to give their input before their representative entered into a tentative agreement to settle the dispute and that, because the tentative settlement agreement was never finalized, any harm suffered by Charging Parties was not attributable to the representative’s acts or omissions. more or view all topics or full text.
432206/28/18
2544E Bellflower Unified School District
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Although the Board interpreted EERA section 3540.1, subdivision (h), as making a collective bargaining agreement with a duration of more than three years contrary to public policy, it expressed no opinion whether such an agreement is void in its entirety, terminable at will by either party. (p. 8.) more or view all topics or full text.
427012/15/17
2544E Bellflower Unified School District
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
The Board rejected a school district’s exception that a Board-ordered remedy including restoration of the status quo and make-whole relief conflicted with federal law governing special education. The district’s statement of exceptions and supporting brief included no citation to any provision of the federal statute or decisional law interpreting it, and the district failed to explain how PERB’s customary remedy for a unilateral change would conflict with federal law. The district’s filing both failed to comply with the requirements of PERB Regulation 32300 governing exceptions, and, even if considered, had no merit. Unless a remedial measure positively conflicts with “inflexible standard[s]” or “immutable provisions” set by external law, the fact that it affects matters normally within the jurisdiction of another tribunal does not, by itself, make PERB’s remedy improper. (pp. 10-11.) more or view all topics or full text.
427012/15/17
2492M County of Butte
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB’s remedial authority is determined by statute, not by a contractual agreement between parties, and this authority cannot be limited or constrained by stipulation of the parties. more or view all topics or full text.
413106/30/16
2414M County of Tulare * * * VACATED IN PART by County of Tulare (2016) PERB Decision No. 2414a-M
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Although PERB is without jurisdiction to enforce collective bargaining agreements, it may interpret contractual provisions when necessary to decide an unfair practice case. Because unilateral change allegation turned on the parties’ respective rights under their agreement, PERB examined the language of the agreement. more or view all topics or full text.
3911102/26/15
2398H Regents of the University of California
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
The Board has no authority to enforce agreements between the parties, and shall not issue a complaint on any charge based on alleged violation of such an agreement that would not also constitute an unfair practice. more or view all topics or full text.
396411/17/14
2371E National Education Association-Jurupa (Norman)
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB does not have jurisdiction to enforce alleged contracts between a charging party and an employee organization. Charging Party failed to state a prima facie case for breach of the duty of fair representation by allegation that employee organization failed to provide him with an attorney in a permanent teacher dismissal proceeding. EERA does not require employee organizations to offer members economic benefits such as legal services, and nothing in EERA envisions PERB enforcing such alleged promises to provide member benefits. more or view all topics or full text.
3815604/18/14
2370H Regents of the University of California (San Francisco)
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
The ALJ did not rule on the merits of charging party’s grievance, but merely described the events that occurred after the Step 2 meeting based on evidence that was presented at hearing and found credible by the ALJ. more or view all topics or full text.
3815504/18/14
2332E Santa Ana Unified School District
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB has an institutional interest in assuring that settlements of unfair practice charges achieve labor peace. more or view all topics or full text.
385110/03/13
2238M City of San Juan Capistrano
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
In the absence of a showing that alleged personnel rule violations amount to a change in policy having a generalized effect or continuing impact on the terms and conditions of employment of bargaining unit members, PERB has no jurisdiction over the charge and the charge must be dismissed. more or view all topics or full text.
3612502/24/12
2195H Trustees of the California State University (San Marcos)
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB has authority to dismiss complaint based upon parties’ settlement agreement reached prior to hearing before administrative law judge. The prohibition against enforcing agreements set forth in HEERA section 3563.2(b) does not apply where no party has requested that PERB issue a complaint based upon an alleged breach of a settlement agreement, nor is any party asking PERB to enforce the substantive terms of a settlement agreement by providing relief external to PERB’s own procedures. Honoring the parties’ agreement validates the Board’s settlement process, is consistent with PERB’s mission to promote harmonious labor relations and is within PERB’s authority pursuant to Regulation 32320(a). more or view all topics or full text.
362908/12/11
2105H Regents of the University of California (American Federation of State, County and Municipal Employees, Local 3299 )
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB is prohibited from enforcement of agreements between the parties and may only issue a complaint where the breach of the agreement also constitutes an unfair practice violation. In order to constitute an unfair practice violation, the conduct must amount to a change in policy. Where University alleged the union violated the campus access policy by leafleting in prohibited areas, but no facts are alleged to demonstrate more than an isolated breach of the CBA, the charge failed to establish a prima facie case for a unilateral change violation. more or view all topics or full text.
347304/21/10
2082E Ventura County Community College District
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Where an unfair labor practice charge alleges conduct by a respondent that would also violate the CBA between the parties, and is subject to binding arbitration, PERB will defer to the grievance and arbitration process. EERA grants PERB the authority to review the resulting arbitration award to determine whether it is repugnant to the purposes of EERA. However, even upon such a review, PERB’s authority remains limited to the issuance of a complaint that alleges the respondent engaged in conduct that violates EERA. EERA does not provide for an independent de novo review of third-party arbitration decisions. A charge based solely on a claim that a third-party arbitration decision is repugnant cannot stand on its own and is insufficient to state a prima facie case for violation of EERA. Here the District’s charge sought a repugnancy review of an arbitration between the parties, however, it did not allege conduct by the Respondent/Federation that violated EERA and therefore did not establish a prima facie case against the respondent for violation of the Act. more or view all topics or full text.
341412/09/09
2073E Los Angeles Unified School District
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB has no authority to remedy a breach of contractual grievance procedures unless the breach also constitutes an unfair practice. more or view all topics or full text.
3317810/28/09
1963E Los Angeles Unified School District
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB may not issue a complaint on any charge that would not also constitute an unfair practice. Thus, an alleged violation of a collective bargaining agreement cannot be remedied by PERB unless it also violates EERA. more or view all topics or full text.
3210306/18/08
1964E United Teachers of Los Angeles (DePace)
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB may not issue a complaint on any charge that would not also constitute an unfair practice. Thus, an alleged violation of a collective bargaining agreement cannot be remedied by PERB unless it also violates EERA. more or view all topics or full text.
3210206/18/08
2026E Cottonwood Union Elementary School District
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
It effectuates the purposes of EERA to permit withdrawal of exceptions related to the appeal of the ALJ’s proposed decision. more or view all topics or full text.
339605/15/09
1982E Service Employees International Union, Local 221 (Meredith)
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB does not have jurisdiction to remedy an isolated breach of the union access provisions of a collective bargaining agreement. more or view all topics or full text.
3215710/24/08
1576E Peralta Community College District
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
The Board lacks jurisdiction to enforce an arbitration award. more or view all topics or full text.
284412/31/03

102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Written contract between County and sheriff's employees' association could reasonably interpreted within meaning urged by association. Even if ambiguous, agreement enforceable according to association's interpretation as county had reason to know the meaning intended by association and association had no reason to know of county's interpretation. Where contract between County and firefighters' association contains contradictory language, both parties were at fault in misunderstanding of the contract provision precluding a meeting of the minds. more or view all topics or full text.

102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
The Steelworkers Trilogy does not apply to an action brought by a union to compel county to arbitrate dispute over denial of merit pay increase. The government power vested in the county is not given to an arbitrator unless specifically provided for in the MOU. Policy of broad arbitrability in the private sector does not translate to the public sector. more or view all topics or full text.

102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
An attempted rescission by Board of Supervisors of a no strike memorandum of understanding between the police Association and a mayor and police commission, and subsequently approved by the Board of Supervisors, was ineffective where the mayor had entered a strike settlement agreement with the police Association under his emergency powers pursuant to the City Charter. more or view all topics or full text.

102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
A memorandum of understanding negotiated between the city and the representative of its employees is binding on the city after approval by the City Council. The trial court may issue a writ of mandate enforcing the memorandum of understanding where the Writ does not require enactment of a new salary ordinance but directed the performance of a non legislative and ministerial act of computing and paying the salaries in accordance with the memorandum. more or view all topics or full text.
1526S State of California (Department of Youth Authority)
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Board does not have jurisdiction to enforce settlement agreements or arbitration decisions unless the alleged violation also constitutes an unfair practice. more or view all topics or full text.
277505/20/03
1458E Sacramento City Teachers Association (Marsh)
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Charging party alleged the Association failed to comply with the provisions of the CBA. However, he failed to present facts demonstrating an unfair practice under the EERA. As a result, the Board does not have the authority to enforce the CBA between the Association and the District; p. 7, warning letter. more or view all topics or full text.
253210708/28/01
1461E Sacramento City Unified School District
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Charging party failed to present facts demonstrating an unfair practice under the EERA. Board otherwise has no authority to enforce the collective bargaining agreement; p. 9, warning letter. more or view all topics or full text.
253211109/18/01

102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Exclusive initial jurisdiction of PERB over unfair practices does not preclude union from bringing civil action to recover payment of agency fees. Union had no obligation to file unfair practice and seek remedy through PERB because PERB precluded by section 3541.5 from enforcing agreements between the parties and issuing a complaint based on a contract violation. Because no unfair practice has been claimed, PERB had no jurisdiction to hear the complaint. [32 Cal.3d at 853] more or view all topics or full text.
A222E Inglewood Unified School District
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Board has no authority to enforce a contract but may interpret it to determine if an unfair practice has been committed. more or view all topics or full text.
152211006/24/91
1150S State of California (Department of Developmental Services) (International Union of Operating Engineers)
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
The Board does not have jurisdiction under Dills Act section 3514.5(b), which precludes the Board from enforcing agreements between the parties, where charge alleged that Dills Act was violated when DDS withdrew a settlement of a grievance and sought to have PERB enforce the settlement; p. 1, warning letter. more or view all topics or full text.
202708705/09/96
1013E Los Angeles Unified School District (Watts)
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB does not have the authority to enforce agreements between the parties. Rather, PERB can only investigate conduct alleged to violate an agreement if such conduct also constitutes a deprivation of statutory rights under the EERA; p. 9, admin. determination. more or view all topics or full text.
172415209/09/93
0901E San Diego Unified School District
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Complaint can't issue on an alleged violation of the collective bargaining agreement unless conduct is also an unfair practice; p. 3, warning letter. more or view all topics or full text.
152215309/19/91
0896E Los Rios College Federation of Teachers, California Federation of Teachers/American Federation of Teachers, Local 2279 (Deglow)
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Pursuant to EERA section 3541.5(b), Board does not have the authority to enforce oral contract wherein employee organization allegedly promised to provide flyers and mailings for upcoming agency fee election; dismissal letter, p. 3. more or view all topics or full text.
152213308/14/91
0861E Perris Union High School District
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB's jurisdiction to review "settlements" is limited to those arrived at through the grievance machinery of a collective bargaining agreement, and not through the mediation process, and then only to determine if the settlement is repugnant to the purposes of EERA; p. 2. Even if District required to implement insurance committee recommendation, but refused to do so, Association's allegations in this case constitute, at most, a pure contract violation and PERB has no authority to enforce agreements between parties; p. 2. more or view all topics or full text.
152201812/20/90
0849H Regents of the University of California (Irvin)
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB has no authority to enforce contracts unless unfair practice has been demonstrated. more or view all topics or full text.
142120710/30/90
0694H Regents of the University of California (Waters)
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Failure by university to abide by contract clause does not state unfair practice by itself. more or view all topics or full text.
121913707/26/88
0700H University of California (Ridley)
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB has no authority to enforce agreements between the parties. more or view all topics or full text.
121916709/27/88
0682H American Federation of State, County and Municipal Employees, Council 10 (Olson)
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
3563.2(b) prohibits issuance of compliant unless facts of charge indicate an independent violation of the statute in addition to a possible violation of the settlement agreement. more or view all topics or full text.
121910406/20/88
0663S Union of American Physicians and Dentists (Stewart)
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Provisions of settlement agreement requiring the charge/complaint to be withdrawn with prejudice will be honored by Board due to its policy of encouraging parties to reach voluntary settlement of their dispute. Good faith compliance with time provisions in parties' settlement agreement does not require absolute compliance unless party is prejudiced by delay or time is of the essence. more or view all topics or full text.
121905704/13/88
0627E Los Angeles School District Peace Officer's Association (Brown)
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Board has no authority to enforce settlement agreement unless breach constitutes independent unfair. more or view all topics or full text.
111811706/23/87
0617E Los Angeles Community College District
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB has no authority to enforce settlement agreements and cannot issue complaint unless conduct alleged also amounts to change in policy having a generalized effect or continuing impact upon terms and conditions of employment of the bargaining unit members. more or view all topics or full text.
111807203/27/87
0618E Los Angeles Community College District
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB has no authority to enforce settlement agreements and cannot issue complaint unless conduct alleged also amounts to change in policy having a generalized effect or continuing impact upon terms and conditions of employment of the bargaining unit members. more or view all topics or full text.
111807503/31/87
0597E Clovis Unified School District
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Dismissal appropriate where alleged unfair practice is actually breach of a prior settlement agreement. more or view all topics or full text.
111801112/19/86
0593E Inglewood Unified School District
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Breach of agreement which is also violation of Act is within PERB's jurisdiction as unilateral change/bad faith bargaining. more or view all topics or full text.
101717510/15/86
0528E Eureka City School District
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Board has no jurisdiction to decide contract disputes which do not also violate the Act. more or view all topics or full text.
91622310/08/85
0448E Los Angeles Unified School District
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB has no jurisdiction over allegation that employer violated agreement unless charge states independent violation of statute. R.A. dismissal upheld. more or view all topics or full text.
91601312/03/84
0196E Grant Joint Union High School District
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Subsection 3541.5(b) does not divest PERB of jurisdiction to resolve unfair practice charges simply because the employer's conduct also constitutes breach of a collective bargaining agreement. The subsection grants PERB authority to resolve charge even if it must interpret terms of agreement to do so; pp. 7-8. PERB is concerned with a change in established policy (concerning a matter within scope), whether the policy is embodied in a contract or evidenced by past practice; p. 8. Not every breach of contract violates Act. Breach must be a change of policy which has a generalized effect or continuing impact upon terms and conditions of employment; p. 9. Competing claims over proper contract interpretation, without showing Competing claims over proper contract interpretation, without showing more or view all topics or full text.
61306402/26/82
0192E Victor Valley Joint Union High School District
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
The lone fact that a party's actions breach an existing contract does not deprive PERB of jurisdiction, especially where the action complained of (unilateral act) violates the EERA as well as the contract. more or view all topics or full text.
61302712/31/81
1003E Klamath-Trinity Joint Unified School District
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Under EERA section 3541.5(b) the Board has authority to resolve an unfair practice charge even if it must interpret the terms of the CBA to do so (citing Grant Joint Union High School District (1982) PERB Decision No. 196); p. 2. more or view all topics or full text.
172411606/24/93
0922H Regents of the University of California (University of California-American Federation of Teachers)
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Board has interpreted section 3563.2(b) as applying to unfair practice settlement agreements as well as to memorandum of understanding; p. 18 Breach of a settlement agreement will constitute an independent violation only where the breach amounts to a change in policy having a generalized effect or continuing impact upon the terms and conditions of employment; p. 18. more or view all topics or full text.
162303302/07/92
0017E Mountain View School District (Olson)
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
No unfair practice if charging party only alleges a violation of a memorandum of understanding. more or view all topics or full text.
112605/17/77
0068E Mt. Diablo Unified School District (Quarrick and O'Brien)
102.3000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Charging party fails to show alleged breach of contract also constitutes unfair practice; p. 11. more or view all topics or full text.
2217408/21/78