All notes for Subtopic 1106.01000 – In General
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| A490E | Pasadena Area Community College District 1106.01000: CASE PROCESSING PROCEDURES; DISCOVERY; In General When discovery disputes arise under the current regulatory scheme, ALJ’s may undertake in camera review of the disputed documents, apply the balancing test, and ultimately rule on whether the records should be disclosed. PERB Regulation 32170, subdivision (b)(12) resolves any ambiguity about Board agents’ ability to conduct in camera review that may have arisen from State of California (Department of Corrections) (2009) PERB Order No. Ad-382-S. more or view all topics or full text. | 46 | 109 | 01/27/22 |
| A490E | Pasadena Area Community College District 1106.01000: CASE PROCESSING PROCEDURES; DISCOVERY; In General A subpoena that merely asks for all documents relevant to a claim or defense is overbroad and must be modified. more or view all topics or full text. | 46 | 109 | 01/27/22 |
| 2797E | Carpinteria Unified School District 1106.01000: CASE PROCESSING PROCEDURES; DISCOVERY; In General A subpoena that merely asks for all documents relevant to a claim or defense is overbroad and must be modified. more or view all topics or full text. | 46 | 86 | 11/16/21 |
| 2489H | Teamsters Clerical, Local 2010 (Polk) 1106.01000: CASE PROCESSING PROCEDURES; DISCOVERY; In General Regarding the alleged “hiding” of a witness, neither party is obligated to identify its witnesses prior to the time of their testimony. more or view all topics or full text. | 41 | 27 | 06/30/16 |
| 2122M | County of Tehama 1106.01000: CASE PROCESSING PROCEDURES; DISCOVERY; In General Once a complaint is sent to formal hearing before a PERB Board agent, a party’s ability to obtain documentation to support its case is limited to the discovery mechanisms set forth in PERB regulations. Accordingly, a party seeking documentation for use at a formal hearing may not use a traditional request for information as a substitute for the mechanisms set forth in PERB regulations. more or view all topics or full text. | 34 | 111 | 06/28/10 |
| 1686S | State of California (Department of Veterans Affairs) 1106.01000: CASE PROCESSING PROCEDURES; DISCOVERY; In General Attorney-Client or work product privilege may be impliedly waived by a party by placing the contents of the privileged communications at issue in the case. The investigative report in this particular case was found to be an exception to the privileges and therefore was to be produced. Determination should be made on a case by case basis. more or view all topics or full text. | 28 | 250 | 09/09/04 |
| 1575E | Chula Vista Elementary Educators Association (Larkins) 1106.01000: CASE PROCESSING PROCEDURES; DISCOVERY; In General No legal basis for charging party to obtain discovery through PERB by asserting generalized conclusions relative to which she provided no detailed factual allegations. more or view all topics or full text. | 28 | 42 | 12/30/03 |
| 1171E | Fresno County Office of Education 1106.01000: CASE PROCESSING PROCEDURES; DISCOVERY; In General Lack of formal discovery does not lessen respondent's burden of proof in a compliance case because there are many ways to gather information for a PERB hearing. more or view all topics or full text. | 21 | 28001 | 09/30/96 |
| 0197E | King City High School District Association, et al. (Cumero) 1106.01000: CASE PROCESSING PROCEDURES; DISCOVERY; In General Prehearing discovery is not required of administrative agency except in limited circumstances; p. 26. more or view all topics or full text. | 6 | 13065 | 03/03/82 |