All notes for Subtopic 1104.07000 – Bias or Prejudice/Motion to Disqualify

DecisionDescriptionPERC Vol.PERC IndexDate
A469M County of Riverside
1104.7000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify
PER Regulation 32155 does not empower an ALJ or other Board agent to rule on whether a Board member or the entire Board itself should be disqualified. more or view all topics or full text.
437511/14/18
A469M County of Riverside
1104.7000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify
Bias demonstrated by the General Counsel or the Board itself is not imputable to the ALJs. The ALJs play no part in decisions of the General Counsel or the Board, and neither the Board nor the General Counsel has any role in the ALJs’ decisionmaking processes. more or view all topics or full text.
437511/14/18
2558E Children of Promise Preparatory Academy
1104.7000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify
Oral motion to disqualify ALJ not followed by written motion and not submitted under oath was procedurally invalid. more or view all topics or full text.
4212403/27/18
2558E Children of Promise Preparatory Academy
1104.7000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify
Motion to disqualify ALJ was properly rejected because the ALJ had not served as an attorney for a party in that case, had not advised a party “upon any matter involved in the proceeding before the Board,” and had not been retained as counsel for a party “within one year prior to the commencement of the case at the Board level.” more or view all topics or full text.
4212403/27/18
2558E Children of Promise Preparatory Academy
1104.7000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify
ALJ’s prior employment representing unions was not grounds for disqualification. more or view all topics or full text.
4212403/27/18
A404H Trustees of the California State University (East Bay)
1104.7000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify
PERB's procedure for requesting disqualification of a board agent specifically requires that the request for disqualification or recusal be filed prior to the taking of evidence in an evidentiary hearing. The Board will not treat a request that an ALJ disqualify himself as a “request for special permission” when the request is not made prior to the taking of evidence at the formal hearing. Where a claim of prejudice or bias by a Board agent does not arise until the evidentiary hearing itself, the appeal procedures set forth in subdivision (d) of PERB Regulation 32155 do not apply. If an ALJ proposed decision is adverse to a charging party, the charging party may file exceptions to it, including an exception based on a claim that remarks made by the ALJ during the formal hearing demonstrate the ALJ’s alleged prejudice against the charging party. more or view all topics or full text.
388811/22/13
2237S State of California (Board of Equalization)
1104.7000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify
Unless the administrative law judge makes statements indicating a clear predisposition against a party, no bias or prejudice is established; where charging party asserted that the administrative law judge was subjected to an improper attempt by the witness for the respondent to bond with her by referring to the format of the documents being the same as when the administrative law judge worked at the State Personnel Board, charging party failed to establish bias or prejudice as a basis for challenging the authentication of an exhibit entered into evidence at hearing. more or view all topics or full text.
3612102/07/12
2297M Inlandboatmans Union of the Pacific
1104.7000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify
Claim that ALJ should have recused himself because he ruled in favor of the employer in a prior proceeding rejected, where charging party failed to provide any facts indicating that, by reason of prejudice, ALJ was unable to give a fair and impartial consideration of the merits of the instant case. more or view all topics or full text.
12/12/12
2031M Coachella Valley Mosquito and Vector Control District * * * OVERRULED IN PART by City of Roseville (2016) PERB Decision No. 2505-M
1104.7000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify
Contention that ALJ is biased is groundless, where District failed to allege any evidence of bias other than the fact that the ALJ resolved factual questions contrary to its position. more or view all topics or full text.
339205/29/09
1674E Fresno County Office of Education
1104.7000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify
Board found no bias by ALJ because there was no evidence that he coached the discriminatee’s testimony. more or view all topics or full text.
2821908/19/04
A168S California Correctional Peace Officers Association (Ford)
1104.7000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify
Board denied request for special permission to appeal motion for disqualification of administrative law judge as granting such interlocutory review would not effectuate the purposes of the Act; p. 3. Where special permission to appeal ALJ's refusal to disqualify himself is denied, the moving party may reassert its arguments in its exceptions to the ALJ's proposed decision; p. 2. more or view all topics or full text.
121906204/21/88
0651E Fremont Union High School District
1104.7000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify
Alleged bias against a legal representative, rather than a party, is insufficient grounds for disqualification of ALJ under PERB Regulation 32155(a)(4). Mere existence of a lawsuit filed by legal representative in which ALJ was named, without proof of service or actual notice, fails to demonstrate "prejudice" under PERB Regulation 32155(a)(4) and does not meet the Gonzales standard of a "fixed anticipatory prejudgment" on part of ALJ. more or view all topics or full text.
121902112/30/87
0615H Regents of the University of California (Yeary)
1104.7000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify
Motion to disqualify ALJ denied for lack of compliance with Regulation 32155. Motion not in writing nor made before taking of any evidence; p. 16. more or view all topics or full text.
111806003/03/87
A359S State of California (Department of Personnel Administration)
1104.7000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify
Board denied State's request for special permission to appeal an ALJ's refusal to disqualify himself from presiding over an administrative hearing. more or view all topics or full text.
316602/22/07
0480E Gonzales Union High School District
1104.7000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify
District's grounds for disqualification of ALJ that ALJ has resolved factual issues contrary to its position, inadequate as a matter of law; for bias to be found there must be evidence of a "fixed anticipatory prejudgment;" pp. 3-6. more or view all topics or full text.
91605701/10/85
0379E Gonzales Union High School District
1104.7000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify
Board denied District's request for special permission to appeal an ALJ's refusal to disqualify himself from presiding over an administrative hearing. more or view all topics or full text.
81504502/27/84
0341E Service Employees International Union (Scates) (Pitts)
1104.7000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify
Motion to disqualify union's attorney on grounds of defense of union against failure to fairly represent denied. No showing of frivolous or bad faith defense. more or view all topics or full text.
71423908/29/83
0326E Oakland Unified School District
1104.7000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify
ALJ analysis of witnesses' testimony not evidence of bias; p. 34. more or view all topics or full text.
71419507/11/83