All notes for Subtopic 1104.03000 – Proposed Decision

DecisionDescriptionPERC Vol.PERC IndexDate
2670M * * * JUDICIAL APPEAL PENDING * * * County of Santa Clara
1104.3000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Proposed Decision
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
1895E Newark Unified School District
1104.3000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Proposed Decision
While the Board finds that the proposed decision correctly concluded that health carrier language was negotiable as part of the Compensation Article, the Board will not speculate about the intent or nature of the Association's proposal in reaching that conclusion. more or view all topics or full text.
317803/27/07
A115E Alum Rock Union School District/Mt. Diablo Unified School District
1104.3000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Proposed Decision
Once a proposed decision has been issued, the administrative law judge has no further authority over the case. Neither the ALJ nor the Chief ALJ has the authority to reopen the hearing record after issuance of the proposed decision. more or view all topics or full text.
51212109/22/81
0899E California School Employees Association (Gilligan)
1104.3000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Proposed Decision
The expedited decision procedure adopted by the Board allows the parties to waive preparation of the written transcript of the formal hearing and requires the ALJ to issue a proposed decision within 30 days of the close of the case, if possible. Generally, this procedure is implemented upon agreement of the parties. Although charging party did not expressly agree to the expedited decision procedure, no prejudice was found as the decision relied upon a credibility determination; pp. 3-4. more or view all topics or full text.
152213908/30/91
0782E Temple City Unified School District
1104.3000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Proposed Decision
It is unnecessary to make a finding on the merits of the case after holding that the allegations must be deferred to arbitration. Finding by ALJ is rejected by the Board. more or view all topics or full text.
142102712/22/89
0185E Nevada City School District
1104.3000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Proposed Decision
Improper for ALJ to make findings of fact and conclusions of law over subjects (released time) of earlier charges which were withdrawn with prejudice after settlement. more or view all topics or full text.
61300712/04/81