All notes for Subtopic 1104.01000 – In General; Conduct of Hearing

DecisionDescriptionPERC Vol.PERC IndexDate
2715M Eastern Municipal Water District
1104.1000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; In General; Conduct of Hearing
An ALJ’s primary responsibility is to “[i]nquire fully into all issues and obtain a complete record upon which the decision can be rendered.” (PERB Reg. 32170.) Consistent with this mandate, ALJs should decide the merits of a case on a dispositive motion only when the facts truly are undisputed and the parties have had full opportunity to assert any claims or defenses that do not prejudice the other party. PERB reversed the ALJ’s grant of partial summary judgment where there were facts in dispute that were material to the outcome. PERB noted that because discrimination and retaliation cases are inherently fact-specific, it is the rare case that can be decided on a dispositive motion. more or view all topics or full text.
05/13/20
2670M * * * JUDICIAL APPEAL PENDING * * * County of Santa Clara
1104.1000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; In General; Conduct of Hearing
Under PERB Regulation 32215, the Board may order the Division of Administrative Law to conduct an expedited hearing and, upon completion of the hearing, that the record be submitted to the Board itself for a decision on the merits. (p. 12.) more or view all topics or full text.
09/20/19
2670M * * * JUDICIAL APPEAL PENDING * * * County of Santa Clara
1104.1000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; In General; Conduct of Hearing
In a case submitted under PERB Regulation 32215 to the Board itself for a decision on the merits of the case, the administrative law judge correctly declined to rule on a motion at the hearing to dismiss the underlying complaint. (p. 13, fn. 14.) more or view all topics or full text.
09/20/19
2532C Sonoma County Superior Court
1104.1000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; In General; Conduct of Hearing
Respondent was not prejudiced by the fact that the Board issued a precedential decision reversing and remanding the dismissal of a charge for issuance of a complaint. The Board’s decision addressed a purely legal issue, and at hearing the respondent was free to establish any truthful facts it chose. more or view all topics or full text.
42606/27/17
2388Ma City of Palo Alto
1104.1000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; In General; Conduct of Hearing
PERB regulations clothe an ALJ with the power and duty to: “inquire fully into all issues and obtain a complete record upon which the decision can be rendered” (PERB Reg. 32170(a)); “regulate the course and conduct of the hearing” (PERB Reg. 32170(d)); “rule on objections, motions and question of procedure” (PERB Reg. 32170(f)); and “take evidence and rules on the admissibility of evidence” (PERB Reg. 32170(h)). Moreover, in unfair practice cases, “immaterial, irrelevant, or unduly repetitious evidence may be excluded.” (PERB Reg. 32176.) more or view all topics or full text.
4116204/10/17
2475E United Teachers of Los Angeles (Raines, et al)
1104.1000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; In General; Conduct of Hearing
Although the Office of the General Counsel and presiding ALJ have considerable discretion to investigate and decide issues in a manner that best conserves the agency’s resources and protects the rights of the parties, determination of who is a proper party to the case is generally appropriate before determining liability so that all parties can assess their possible exposure and likelihood of success and engage in meaningful settlement discussions. p. 56. more or view all topics or full text.
4014702/29/16
2481H Regents of the University of California (Los Angeles)
1104.1000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; In General; Conduct of Hearing
PERB Regulation 32150 provides that, before the hearing has commenced, the Board shall issue subpoenas at the request of any party for attendance of witnesses or production of documents at the hearing. The regulation also provides that compliance with the provisions of section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance of a subpoena for production of documents. After the hearing has begun, a decision to issue subpoenas is left to the sound discretion of the hearing officer. Board declined to disturb ALJ’s ruling denying charging party’s request, made on the last day of presenting his case-in-chief, for production of documents to attack witness credibility. Despite being a self-represented layperson, charging party was familiar with PERB’s unfair practice proceedings from a previous case. more or view all topics or full text.
4018405/27/16
2337E Palo Verde Unified School District
1104.1000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; In General; Conduct of Hearing
We read Government Code section 11425.50(b) to provide that: (1) credibility may be determined on the basis of both observational factors, viz., demeanor, manner and attitude, and non-observational factors including those specified in Evidence Code section 780; (2) reviewing courts are obliged by section 11425.50(b) to give great weight to observational factors only when the proposed decision contains information specified by section 11425.50(b); and (3) when the proposed decision fails to contain this information, section 11425.50(b) does not come into play. An ALJ hearing a retaliation case, including one brought on behalf of an at-will or probationary employee, must inquire fully into all issues and obtain a complete record upon which the decision can be rendered and issue a written proposed decision. more or view all topics or full text.
386910/29/13
2388M City of Palo Alto * * * SUPERCEDED by City of Palo Alto (2017) PERB Decision No. 2388a-M
1104.1000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; In General; Conduct of Hearing
PERB regulations clothe an ALJ with the power and duty to: “inquire fully into all issues and obtain a complete record upon which the decision can be rendered;” (PERB Reg. 32170(a).) “regulate the course and conduct of the hearing;” (PERB Reg. 32170(d)) “rule on objections, motions and question of procedure;” (PERB Reg. 32170(f)) and “take evidence and rules on the admissibility of evidence.” (PERB Reg. 32170(h).) Moreover, in unfair practice cases, “immaterial, irrelevant, or unduly repetitious evidence may be excluded.” (PERB Reg. 32176.) more or view all topics or full text.
392508/06/14
2449E Rio School District
1104.1000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; In General; Conduct of Hearing
By withdrawing her subpoenas rather than letting the ALJ address the issue of alleged witness tampering and intimidation at the formal hearing, charging party cannot complain that she was unable to prove her case without the witness she had planned to call or that the ALJ failed to protect them. more or view all topics or full text.
404508/31/15
2392C San Bernardino County Superior Court
1104.1000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; In General; Conduct of Hearing
PERB does not generally follow the summary judgment procedure utilized in California state courts. When facts are not in dispute, as they were not in this case, a matter may be deemed submitted on the record based on stipulated facts, briefs and responsive arguments. (PERB Reg. 32207.) Even if this matter were treated as a motion for summary judgment, a moving party bears the burden of proving that no disputed issue of fact exists and that it is entitled to judgment as a matter of law. more or view all topics or full text.
395209/26/14
2297M Inlandboatmans Union of the Pacific
1104.1000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; In General; Conduct of Hearing
ALJ did not fail to consider evidence presented at hearing and did not err in analysis of evidence presented. more or view all topics or full text.
12/12/12
2212E Santa Barbara Community College District
1104.1000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; In General; Conduct of Hearing
Motion to strike party’s closing brief for failure to serve opposing party denied. By filing brief with PERB in a timely manner, party demonstrated a conscientious effort to comply with PERB’s filing regulations, and opposing party has not alleged any prejudice as a result of having been served approximately one week late. Considering that neither party was given the opportunity to file additional briefs, it is doubtful such a showing can be made. This ruling is consistent with California policy favoring resolution of disputes on their merits. more or view all topics or full text.
366710/26/11
2267M County of Santa Clara * * * OVERRULED IN PART by Los Angeles Unified School District (2016) PERB Decision No. 2479
1104.1000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; In General; Conduct of Hearing
Claim that ALJ failed to take into account charging party’s medical condition in making credibility determinations at hearing is without merit, where record reflects that ALJ accommodated medical condition by allowing multiple breaks upon request, and there is no evidence in the record to indicate that medical condition or medication affected his ability to testify competently. Communications from county counsel to ALJ concerning communications received from charging party and confirming extension of time, both of which were copied to charging party, did not constitute inappropriate ex parte communications. more or view all topics or full text.
05/25/12
1484S State of California
1104.1000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; In General; Conduct of Hearing
Charging party not denied due process before ALJ when provided opportunity to present testimonial evidence, documentary evidence, and an ordinate amount of “background” evidence of marginal relevance. The right of a charging party to cross examine a respondent’s witnesses or present a closing oral argument assumes that the charging party presents a prima facie case and the proceeding moves beyond charging party’s case-in-chief. Denial of charging party’s request to review transcript proper when it came more than two months after he was told he would need to make a request to review the transcript and came after the extended date for submission of written argument had passed. more or view all topics or full text.
263307706/06/02
A085S State Employer-Employee Relations Act - California Federation of Union of American Physicians and Dentists
1104.1000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; In General; Conduct of Hearing
Where employer files challenge to status of employee organization, Board directs Chief Administrative Law Judge to assign member of his staff to conduct expedited hearing on this matter; upon completion of the hearing, record to be forwarded to the Board itself for disposition. more or view all topics or full text.
06/12/80
A091E Los Angeles Community College District (Watts)
1104.1000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; In General; Conduct of Hearing
Where public notice complaint dismissed based on evidence of voluntary compliance, as well as failure to state prima facie evidence of a violation, regional director cancelled formal hearing scheduled to occur in the case; p. 5, regional director's dismissal. more or view all topics or full text.
41110306/16/80
0860E Los Angeles Unified School District (United Teachers Los Angeles)
1104.1000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; In General; Conduct of Hearing
Board held that PERB Regulation 32130(c), providing that Code of Civil Procedure section 1013(a) extension applies to certain filings, applies to filing of post-hearing briefs with ALJ in that triggering mechanism for timeline is the mailing of the hearing transcript; p. 7. more or view all topics or full text.
152201512/19/90
2491M City of Montebello
1104.1000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; In General; Conduct of Hearing
Pursuant to PERB’s statutory and regulatory authority, a Board agent may “disregard any error or defect in the complaint that does not substantially affect the rights of the parties.” Where the issues actually litigated at hearing and argued in parties’ briefs involved a job classification not identified in the complaint, the Board affirmed the ALJ’s sua sponte amendment to the complaint to conform to the evidence and issues presented at hearing. Distinguishing City of Inglewood (2015) PERB Decision No. 2424-M. more or view all topics or full text.
413006/30/16
0488E Pleasant Valley School District
1104.1000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; In General; Conduct of Hearing
ALJ properly rejected employer's post-hearing reply brief where both parties had agreed reply briefs would not be filed; ALJ has authority to set briefing schedule pursuant to Reg 32170(j) and 32212 and there is no provision for one party unilaterally voiding an agreement not to file reply briefs. more or view all topics or full text.
91609302/27/85