All notes for Subtopic 1105.17000 – Stipulations

DecisionDescriptionPERC Vol.PERC IndexDate
2588E Los Angeles Unified School District
1105.17000: CASE PROCESSING PROCEDURES; EVIDENCE; Stipulations
The Board rejected District’s exception that it repeatedly offered to negotiate over the union’s proposal and the union did not accept the offer because there was no evidence that the union declined the District’s two offers to negotiate. (pp. 9-10.) The facts are not subject to dispute because the parties submitted a stipulated factual record. (p. 2.) Therefore, the stipulated facts constitute a judicial admission that the union responded to the District’s initial offer with proposed procedures and that “the District ultimately declined to negotiate” with the union. Absent contrary evidence, the only conclusion the Board may draw from the stipulation is that the District refused to bargain over the union’s proposal. (pp. 9-10.) more or view all topics or full text.
436310/17/18
2588E Los Angeles Unified School District
1105.17000: CASE PROCESSING PROCEDURES; EVIDENCE; Stipulations
In accordance with PERB Reg. 32207, the parties may submit a stipulated factual record in lieu of a hearing. In such case, the stipulated facts shall be deemed undisputed. (p. 2.) more or view all topics or full text.
436310/17/18
2476M City of Santa Clara
1105.17000: CASE PROCESSING PROCEDURES; EVIDENCE; Stipulations
The parties may submit stipulated facts where appropriate to a Board agent. No hearing shall be required unless the parties dispute the facts in the case. (PERB Reg. 32207) The regulation authorizes a hearing officer to convene a hearing and take live testimony to resolve material factual disputes, even where the parties themselves have agreed to proceed on a stipulated record and to present disputed facts through sworn declarations. more or view all topics or full text.
4015403/10/16
0802E San Ramon Valley Education Association CTA/NEA (Abbot/Cameron)
1105.17000: CASE PROCESSING PROCEDURES; EVIDENCE; Stipulations
Issues to be litigated were stipulated to by the parties and therefore framed the Board's review on appeal; pp. 12, 14. more or view all topics or full text.
142107503/29/90
0315E Simi Valley Educators Association (Ake) (Pringle)
1105.17000: CASE PROCESSING PROCEDURES; EVIDENCE; Stipulations
Hearing officer erred in rejecting the parties stipulation as to the actual practice of Association accepting annual payment in advance from both members and nonmembers; p. 6. more or view all topics or full text.
71416405/27/83
0290H Unit Determination for Technical Skilled Crafts, Service and Professional Employees of the University of California (Lawrence Livermore National Laboratory)
1105.17000: CASE PROCESSING PROCEDURES; EVIDENCE; Stipulations
Board will accept stipulation in a unit determination matter only when stipulation does not contravene the Act or established Board policies; p. 9. more or view all topics or full text.
71408603/04/83
0270Hb Regents of the University of California (Non-Academic Senate Instructional/Research and Allied Professionals)
1105.17000: CASE PROCESSING PROCEDURES; EVIDENCE; Stipulations
Board approves a stipulation in a unit determination case when it dosen't contravene the Act or established Board policies. more or view all topics or full text.
71427610/24/83
0023E San Francisco Unified School District
1105.17000: CASE PROCESSING PROCEDURES; EVIDENCE; Stipulations
Stipulation is judicial admission removing issue from the case if made within attorney's authority and conforming to procedural requirements. more or view all topics or full text.
2205209/08/77
0083E Jefferson Union High School District * * * VACATED by Order of the Board dated April 13, 1979
1105.17000: CASE PROCESSING PROCEDURES; EVIDENCE; Stipulations
Board has obligation to look into entire record and is not bound by stipulations on legal conclusions to be drawn from stipulated facts, therefore, Board will examine whether those stipulated to be managerial employees actually meet the statutory criteria; p. 7. (Decision vacated.) more or view all topics or full text.
31001301/04/79
0081E Hartnell Community College District
1105.17000: CASE PROCESSING PROCEDURES; EVIDENCE; Stipulations
Board will not accept stipulations as to the ultimate conclusion of law before the Board; therefore, despite stipulation that dept. chairs not supervisors, Board will examine the issue to avoid improperly placing supervisors in rank and file unit; pp. 8-9. more or view all topics or full text.
31001601/02/79
0071E Rio Linda Union School District
1105.17000: CASE PROCESSING PROCEDURES; EVIDENCE; Stipulations
When the Board has jurisdiction in a rep. case, it will examine stipulations to determine if they are inconsistent with the EERA or Board policies; p. 9. Voluntary recognition based on stipulated unit improper because unit appears to divide operations-support servces employees and it occurred when there was a QCR; p. 11. more or view all topics or full text.
2219809/18/78
0062E Centinela Valley Union High School District
1105.17000: CASE PROCESSING PROCEDURES; EVIDENCE; Stipulations
In unit determination cases, Board will scrutinize stipulated units to ensure they are consistent with EERA and established Board policies; policy of 3 presumptively appropriate classified units (see Sweetwater No. 4) is a sufficiently established policy to warrant overturning stipulated wall-to-wall unit pending examination of further evidence on remand; remand necessary because hearing officer merely accepted stipulated unit configuration; pp. 4-6. more or view all topics or full text.
2216308/07/78