All notes for Subtopic 1107.03000 – Remand for Further Hearing; Remand to General Counsel
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2855E | The Accelerated Schools 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel While the ALJ should have analyzed the direct dealing allegation, the Board exercised its discretion not to resolve or remand that claim given that the Board’s remedial order already ordered the charter school to bargain with Union over the effects of its layoff decision. (City of Bellflower (2021) PERB Decision No. 2770-M, p. 10 [declining to resolve or remand a claim that would not materially alter the Board’s remedy even were it proven]; County of San Joaquin (2021) PERB Decision No. 2761-M, p. 83 [same]; City of Glendale (2020) PERB Decision No. 2694-M, pp. 58-59 [same].) more or view all topics or full text. | 47 | 139 | 03/17/23 |
| 2846M | City and County of San Francisco 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel The Board affirmed in part and reversed in part the Office of the General Counsel’s partial dismissal and remanded the case to the Office of the General Counsel for issuance of an amended complaint consistent with this Decision. (p. 26.) more or view all topics or full text. | 47 | 88 | 11/17/22 |
| 2830S | State of California (State Water Resources Control Board) 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel The ALJ found that the state employer established a statute of limitations defense to the union’s bad faith bargaining claim. The ALJ then dismissed the entire complaint, treating the interference claims as purely derivative. PERB reversed and remanded for consideration of the independent interference allegations. On remand, the Board directed the ALJ to consider witness credibility, among other relevant record components, in determining whether the state employer provided the union and employee with the opportunity for meaningful representation during the employee’s investigative interview. (p. 15.) more or view all topics or full text. | 47 | 42 | 08/10/22 |
| 2761M | County of San Joaquin 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Although the ALJ should have granted union’s motion to amend complaint, the Board declined to remand for the parties to litigate the additional unilateral change claim. This decision best effectuates the MMBA’s purposes because remand would substantially delay the outcome of the matter without providing an opportunity for different make-whole relief. (City of Glendale (2020) PERB Decision No. 2694-M, pp. 58-59.) more or view all topics or full text. | 45 | 92 | 04/12/21 |
| 2715M | Eastern Municipal Water District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel The Board found the proposed decision erred by (1) granting partial summary judgment to charging party despite the presence of material disputed facts; and (2) failing to apply the proper lenient amendment standard to the employer’s motion to amend its answer, and instead finding the equivalent of a waiver or technical default. The Board reversed the partial grant of summary judgment and remanded to the Division of Administrative Law to allow the District to amend its answer and then to resolve the merits of the parties’ claims and defenses based upon a full evidentiary record. more or view all topics or full text. | 44 | 176 | 05/13/20 |
| 2622E | Cabrillo Community College District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Following Board review of a dismissal, the Board remanded the case to the Office of the General Counsel for issuance of a complaint. (p. 2, citing Cabrillo Community College District (2015) PERB Decision No. 2453.) Following a formal hearing, the ALJ dismissed the complaint. (p. 1.) Charging party’s exception that the ALJ improperly departed from the Board’s prior decision is misplaced. The Board made no conclusive factual findings in its earlier decision directing OGC to issue a complaint. (pp. 4-5.) Once OGC issued the complaint, it was incumbent upon charging party to prove the complaint allegations during the hearing. (p. 5.) more or view all topics or full text. | 43 | 126 | 02/04/19 |
| 2567E | Hartnell Community College District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel The Charging Party cannot rely on factual allegations made at the pre-hearing stage of PERB proceedings, which PERB accepts as true, with factual findings resulting from a formal hearing and developed record, which are the Charging Party’s burden to prove with competent and admissible evidence. (PERB Regs. 32178.) On review of a dismissal without hearing, the Board treats the charging party’s factual allegations as true and considers them in the light most favorable to the charging party’s case. However, after a complaint issues, the charging party bears the burden of prove the complaint’s allegations by a preponderance of the evidence in order to prevail. (PERB Reg. 32178.) A prior Board decision reversing the dismissal of an unfair practice charge is neither evidence in support of a complaint’s allegations, nor the law of the case as to the merits of the dispute. (pp. 6-7.) more or view all topics or full text. | 43 | 2 | 06/12/18 |
| 2548E | Lake Elsinore Unified School District (Edwards) 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Despite its highly repetitive and often misplaced or entirely irrelevant arguments, charging party’s appeal from dismissal/refusal to issue a complaint identified the asserted error by the Office of the General Counsel in dismissing her charge, and thus substantially complied with PERB Regulation 32635. While clarity and conciseness are always appreciated, the regulation governing appeals does not expressly require a “clear and concise statement” of the appeal. (p. 11.) more or view all topics or full text. | 42 | 102 | 02/02/18 |
| 2452E | Hartnell Community College District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Following Board review of a dismissal, it was unnecessary to remand to the Office of the General Counsel for further investigation, where the charge and supporting documents already contained sufficient information to state a prima facie case of employer interference with protected employee rights. Newly-submitted evidence that became available only after dismissal of the charge may be considered on appeal upon a showing a good cause. However, the evidence, which concerned charging party’s satisfactory performance of job duties for an employer other than the respondent was only marginally relevant at this stage of the proceedings and did not affect any of the issues on appeal. more or view all topics or full text. | 40 | 56 | 09/04/15 |
| 2476M | City of Santa Clara 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Where parties’ surface bargaining dispute turned on undisputed facts, and no party excepted to the factual findings included in a proposed decision, the Board adopted the ALJ’s factual findings but remanded for consideration of competent, reliable evidence to resolve separate interference allegations and to determine whether those allegations would affect the result of the surface bargaining allegation. Independent unfair practices committed at or away from the bargaining table, including allegations of coercive statements by employer agents to employees, may serve as evidence of bad faith in negotiations, and thus support the surface bargaining allegation. On remand, the ALJ may also consider the parties’ exceptions and responses thereto to ensure that any legal conclusions included in a new proposed decision are free of possible error. Charging party was blindsided by ALJ’s categorical refusal to consider declarations on disputed material facts where ALJ previously assigned to the case had agreed to permit the disputed issues to be decided based on declarations and rebuttal declarations rather than live testimony. The Board remanded with instructions for the ALJ to convene a hearing or otherwise determine how best to inquire fully into all issues and obtain a complete record on which a decision could be rendered. more or view all topics or full text. | 40 | 154 | 03/10/16 |
| 2342E | Coachella Valley Unified School District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel The Board may remand a case to the ALJ for the purpose of taking further evidence should it deem such action necessary. We find no compelling reason for remanding this case for the taking of further evidence. more or view all topics or full text. | 38 | 95 | 12/09/13 |
| A422M | City of Monterey Park 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Where it was unclear whether the exclusive representative had notice of a decertification petition and the resulting investigation by the Office of the General Counsel, the General Counsel’s request to recall the matter following an appeal from its administrative determination directing the conduct of a decertification election was granted; the Office of the General Counsel is in the best position to determine the most appropriate course of action and to correct, if necessary, any defect in the process; although this “recall” procedure previously had only been applied in the context of an appeal from a dismissal of an unfair practice charge by the Office of the General Counsel, the rationale for retuning a matter to the Office of the General Counsel upon request applies with equal force in a representation case as it does in an unfair practice case; given the nature of representation proceedings and the direct and immediate impact such proceedings have on an entire bargaining unit of employees, the General Counsel’s determination of the need for further processing warrants a high level of deference from the Board itself. more or view all topics or full text. | 39 | 179 | 06/05/15 |
| 2384H | Trustees of the California State University 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Where charging party states a viable legal theory as to a novel issue, the proper course for the Board on review of a dismissal is to reverse and remand for issuance of a complaint, so that the novel issues may be decided upon a full evidentiary record and with the benefit of briefing by the parties. Here, charging party alleged sufficient facts to state a prima facie case and articulated a viable theory that the University violated HEERA section 3580.5 and/or interfered with protected employee rights by allowing a supervisor to represent a nonsupervisory employee in collectively-bargained complaint proceedings. In reviewing the dismissal of a charge containing multiple, factually distinct allegations, the Board may direct the issuance of a complaint as to some allegations, while remanding others to the Office of the General Counsel for further investigation of any factual or legal issues that were not fully or properly considered before the charge was dismissed. more or view all topics or full text. | 39 | 16 | 06/30/14 |
| 2341M | City of San Jose 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Where charging party states a viable, i.e. non-frivolous, legal theory concerning an unsettled matter of law outside PERB’s jurisdiction, the proper course for the Board on review of a dismissal of the charge is to reverse and remand for issuance of a complaint, so that the novel issues may be decided upon a full evidentiary record and with the benefit of briefing by the parties. Here, charging party alleged sufficient facts to state a prima facie case and articulated a viable theory that the City had insisted to impasse and imposed a proposal that illegally impaired vested employee rights to accrued sick leave compensation. more or view all topics or full text. | 38 | 94 | 12/06/13 |
| 2250S | State of California (Department of Corrections and Rehabilitation) 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Where the Board agent fails to analyze sufficiency of allegations for purposes of establishing a prima facie case, the charge must be remanded to PERB’s Office of the General Counsel, either for issuance of a complaint or dismissal. more or view all topics or full text. | 36 | 156 | 04/18/12 |
| 2276M | City of Carlsbad 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Remand to the Office of General Counsel for further investigation where charge was prematurely dismissed by that office. more or view all topics or full text. | 37 | 24 | 06/27/12 |
| 2094H | Regents of the University of California * * * OVERRULED IN PART by amendment to HEERA section 3563.3, Stats. 2011, Ch. 539 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel * * * OVERRULED IN PART by Stats. 2011, ch. 539 (S.B. 857), § 4, which provides that PERB may not award damages for an unlawful strike. * * *ALJ granted employee organization’s motion in limine to exclude evidence of employer’s damages resulting from strike activity. Having found that the employee organization’s strike threat and preparations were an unfair practice, the Board remanded the matter to the ALJ for hearing on the issue of damages. more or view all topics or full text. | 34 | 41 | 02/02/10 |
| A367S | State of California (Information Technology Bargaining Unit 22 and Service Employees International Union Local 1000/California State Employees Association) 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel The case is remanded to the General Counsel’s office for a determination of the sufficiency of proposed unit’s proof of support for its severance petition without the use of the exclusive representative’s revocation cards to offset signatures on said severance petition. more or view all topics or full text. | 31 | 154 | 11/06/07 |
| A368E | Los Angeles Unified School District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Remand to General Counsel's office to allow charging party an opportunity to file an amended charge as charging party did not receive warning letter prior to dismissal of the charge; p. 4. more or view all topics or full text. | 31 | 158 | 11/15/07 |
| 1881H | Trustees of the California State University 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Remand is appropriate because the primary focus of the record was whether the new library services specialist classification was more aligned with other classifications as opposed to the criteria found in HEERA section 3579. more or view all topics or full text. | 31 | 51 | 01/24/07 |
| 1776E | Santa Ana Educators Association (O'Neil) 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Remand is appropriate to permit further investigation at the request of general counsel. more or view all topics or full text. | 30 | 5 | 09/01/05 |
| 1779M | City and County of San Francisco 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Remand is appropriate to permit further investigation at the request of General Counsel. more or view all topics or full text. | 10/07/05 | ||
| 1639E | Salinas Union High School District * * * OVERRULED by Trustees of California State University (2012) PERB Decision No. 2287-H 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel * * * OVERRULED ON OTHER GROUNDS by Trustees of California State University (2012) PERB Decision No. 2287-H. * * *The Federation’s request that the charge be remanded for further investigation by the General Counsel’s office was denied since there is no precedent for taking this step and the Federation had the same access to Board precedent involving these allegations as any other party coming before the Board. more or view all topics or full text. | 28 | 176 | 06/14/04 |
| 1483S | State of California (Department of Youth Authority) 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel As Board agent dismissed charge exclusively on application of jurisdictional rule requiring that charge be deferred to arbitration and therefore be dismissed (Lake Elsinore School District (1987) PERB Decision No. 646 (Lake Elsinore), the overruling of Lake Elsinore dictates that the case be remanded to the General Counsel’s office for further investigation and processing. more or view all topics or full text. | 26 | 33076 | 06/06/02 |
| 1491S | State of California (State Personnel Board) 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel The significance of the issues in this case are so critical that only a hearing would provide sufficient information to yield a fair and well-reasoned result. Consequently, the Board remands this case to the ALJ for hearing on the merits of SPB’s motion to dismiss. more or view all topics or full text. | 26 | 33102 | 07/18/02 |
| 1473S | State of California (Department of Food and Agriculture) 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel As Board agent dismissed charge exclusively upon Lake Elsinore, when the Board overruled that case, the Board remanded the case to the Office of the General Counsel for further investigation and processing. more or view all topics or full text. | 26 | 33036 | 01/31/02 |
| 1468E | Desert Sands Unified School District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Charge alleging that employer violated EERA by unilaterally transferring bargaining unit work when it transferred the duty of video camera installation to employees in a different classification within the same unit stated a prima facie violation of EERA, therefore remanded to General Counsel's office for issuance of a complaint. more or view all topics or full text. | 26 | 33013 | 11/28/01 |
| 1466E | California Teachers Association (Underhill) 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel After warning letter had not been served on charging party’s attorney of record, case remanded to allow charging party to file amended charge; p. 3. more or view all topics or full text. | 26 | 33012 | 11/26/01 |
| 1416E | Orange Unified School District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Board remands the matter to PERB General Counsel's office for issuance of a complaint to determine which of two agreements was the subject of the unfair practice charge, whether impasse had been broken, and adequacy of notice regarding District's implementation of its last, best and final offer; pp. 12-18. more or view all topics or full text. | 25 | 32021 | 12/11/00 |
| 1405E | Hartnell Community College District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Remand appropriate where Board agent apparently failed to receive and process amended charge. A copy of such a document bearing a PERB date stamp which supports this assertion is attached to the Association's appeal. more or view all topics or full text. | 24 | 31159 | 09/26/00 |
| 1400E | San Diego Community College District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel EERA empowers the Board to investigate unfair practice charges and take the action it deems necessary to effectuate the policies of EERA. The Board concludes that remanding this case to the General Counsel will effectuate the policies of EERA. more or view all topics or full text. | 24 | 31143 | 08/31/00 |
| 1491Sa | State of California (State Personnel Board) 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Remand is in part for determination of whether the SPB is either the “State" or the “employer.” Such determination is necessary to decide whether SPB violated the Dills Act. more or view all topics or full text. | 27 | 17 | 11/12/02 |
| 1477S | State of California (Department of Mental Health) 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel As Board agent dismissed charge exclusively upon Lake Elsinore, when the Board overruled that case, the Board remanded the case to the Office of the General Counsel for further investigation and processing. more or view all topics or full text. | 26 | 33047 | 02/28/02 |
| 1364E | North Orange County Community College District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel EERA empowers the Board to investigate unfair practice charges and take the action it deems necessary to effectuate the policies of EERA. The Board concludes that remanding the case to the General Counsel for further investigation will effectuate the policies of EERA; p. 2. more or view all topics or full text. | 24 | 31023 | 12/10/99 |
| A164E | Peralta Community College District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel As record is insufficient to allow Board to make any determination of status of certain employees in decertification petition, Board remands issue to regional office; p. 11. more or view all topics or full text. | 11 | 18110 | 06/18/87 |
| A159E | Coast Community College District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel As the factual circumstances relevant to the unit size dispute have not been adequately explored, Board found that determining the adequacy of support is an assessment best rendered initially by the regional director; pp. 7-8. more or view all topics or full text. | 10 | 17174 | 10/15/86 |
| A114Hc | Unit Determination for Employees of the Regents of University of California 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Party's appeal of order to produce documents, declarations and documentary evidence on exclusionary issues cannot be appealed to the Board until first considered by the Director of Representation. more or view all topics or full text. | 09/14/82 | ||
| A056E | Fremont Unified School District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel PERB Regulation 32320 provides that Board may affirm, modify or reverse a proposed decision, order the record reopened for taking of further evidence or take such other action as it considers proper; case is remanded to general counsel where two versions of proposed decision issued and Board is unsure which version represents hearing officer's intent; general counsel instructed to assign to hearing officer with a direction for him to make a determination as to which is correct version and serve parties with notice thereof; parties to have 10 additional days from notice to file additional exceptions to proposed decision; pp. 1-2. more or view all topics or full text. | 01/31/79 | ||
| A037E | Mount San Antonio Community College District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Board transfers to itself and withdraws a proposed decision and orders the case remanded to the general counsel for consideration of a 1977 legislative amendment to section 3543.2 (Scope of Representation). more or view all topics or full text. | 2 | 2118 | 06/07/78 |
| 1281E | Peralta Community College District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Board finds that the unfair practice charge is timely filed and remands it to the Board agent for further processings to determine whether charging parties have stated a prima facie case of a violation. more or view all topics or full text. | 22 | 29150 | 08/27/98 |
| 1259E | Fall River Joint Unified School District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel In taking judicial notice, the Board, in its discretion, may exclude evidence which adds nothing of probative value to the record. Where probative value not explained by requesting party, Board declines to take judicial notice. more or view all topics or full text. | 22 | 29082 | 04/08/98 |
| 1060E | Los Angeles Community College District (Mrvichin) 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Based on additional information brought to the Board's attention on appeal (Ed. Code sec. 87737), it is possible that charging party still had standing as an employee at the time of the alleged unfair practice. The Board remands the case to the General Counsel for further investigation; p. 6. more or view all topics or full text. | 18 | 25150 | 10/05/94 |
| 0966S | State of California, Department of Personnel Administration (Department of Parks and Recreation) 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Remanding this case to the PERB General Counsel for further investigation consistent with the Board's decision in State of California, Department of Youth Authority (1992) PERB Decision No. 962-S, is in the best interests of the parties and is consistent with the purposes of the Dills Act; p. 2. more or view all topics or full text. | 17 | 24014 | 01/05/93 |
| 0874E | Los Angeles Unified School District (Woods) 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel The hearing is ordered to be reopened due to ALJ misstatements and charging party and district be permitted to introduce additional evidence, including, but not limited to, additional testimony of those witnesses who testified at the hearing; and, thus, the case is remanded to the Chief Administrative Law Judge who is to proceed in accord with the relevant discussion. more or view all topics or full text. | 15 | 22069 | 04/10/91 |
| 0862H | International Union of Operating Engineers, Local 501, AFL-CIO (Irvin) 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel At General Counsel's request, case remanded to consider allegations in light of amended charge. more or view all topics or full text. | 15 | 22019 | 12/20/90 |
| 0837E | Sanger Unified School District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Remand at the request of general counsel is appropriate to permit further investigation. more or view all topics or full text. | 14 | 21174 | 09/11/90 |
| 0809E | California School Employees Association-Chapter #302 (Lauer) 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Remand is appropriate to permit further investigation at the request of general counsel. more or view all topics or full text. | 14 | 21113 | 06/04/90 |
| 0725Ha | Regents of the University of California (University of California, American Federation of Teachers) 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Board remands case to CALJ for further hearing consistent with the opinion of the decision of the First Appellate Court. more or view all topics or full text. | 15 | 22017 | 12/21/90 |
| 0679E | San Juan Unified School District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Board grants General Counsel's request for remand of dismissed charge for further investigation. more or view all topics or full text. | 12 | 19093 | 06/10/88 |
| 0631E | San Diego Unified School District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Remand to ALJ to determine collateral estoppel effect of prior service commission findings; issue not fully litigated before ALJ. more or view all topics or full text. | 11 | 18148 | 08/18/87 |
| 0620E | Oakdale Joint Union High School District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel At request of General Counsel, case dismissed by Board agent was remanded to General Counsel for further investigation. more or view all topics or full text. | 11 | 18098 | 05/20/87 |
| 0552E | Modesto City Schools and High School District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Remand to general counsel for consideration of factual findings in related case. more or view all topics or full text. | 10 | 17029 | 12/20/85 |
| 0553E | Riverside Unified School District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Disallowed post-complaint amendent remanded for processing as new-and separate charge. more or view all topics or full text. | 10 | 17030 | 12/23/85 |
| 1952E | American Federation of State, County and Municipal Employees, Council 57 (Gregory) 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel PERB Regulation 32136 states that “a late filing may be excused in the discretion of the Board for good cause only.” The Board has typically found good cause where the explanation given is reasonable and credible. The Board has found good cause to excuse a late filing in rare cases where inadvertent postal errors, beyond the charging party’s control, prevented timely filing with the Board. Charging party provided reasonable and credible evidence that she received the warning letter after the Board agent dismissed her charge – in the form of a dated postal service forwarding sticker and a sworn declaration asserting that the postal delay was out of her control. Therefore, the Board found good cause to allow her to file an amended charge. more or view all topics or full text. | 32 | 68 | 04/11/08 |
| 0491E | Alhambra School District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel At General Counsel's request, case remanded for further investigation. more or view all topics or full text. | 9 | 16081 | 03/01/85 |
| 0483S | State of California, Employment Development Department 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Except where charge unequivocably fails to state prima facie case or where it clearly requires issuance of a complaint, General Counsel's request for remand will be granted. more or view all topics or full text. | 9 | 16064 | 01/18/85 |
| 0472E | Ramona Unified School District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Remand to regional office to determine whether deferral appropriate based on consideration of positions of all parties; pp. 1-2. more or view all topics or full text. | 9 | 16043 | 12/31/84 |
| 0446E | Moorpark Unified School District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Remand for further investigatory proceedings. No rationale given. more or view all topics or full text. | 9 | 16010 | 11/30/84 |
| 0336E | Los Angeles Unified School District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Remand appropriate where neither party permitted to address issue at hearing and charging party not permitted to present witnesses on the issue. more or view all topics or full text. | 7 | 14228 | 08/18/83 |
| 0183Ha | University of California at Berkeley * * * SUPERSEDED by University of California at Berkeley (1984) PERB Decision No. 420-H and by the U.S. Supreme Court, 485 U.S. 589 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel * * * SUPERSEDED by University of California at Berkeley (1984) PERB Decision No. 420-H and Regents of University of California v. Public Employment Relations Bd. (1988) 485 U.S. 589. * * *Case remanded from Court of Appeal to Board for determination of reasonableness of employer's regulations regarding access to mail system. Board remands case to Chief ALJ to conduct hearing on this issue. more or view all topics or full text. | 7 | 14103 | 03/18/83 |
| 0150E | Los Angeles Community College District (Watts) 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Loss of record from hearing requires remand of public notice complaint for rehearing. Without hearing record or stipulated record Board has no basis for considering contentions raised on appeal. more or view all topics or full text. | 5 | 12007 | 12/31/80 |
| 0020E | Fullerton Union High School District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Remanded to hearing officer to take additional evidence on caseload and nature of work performed by counselors and psychologists, and what relationship exists between case loads and enumerated subjects of bargaining. more or view all topics or full text. | 1 | 325 | 07/27/77 |
| 0071E | Rio Linda Union School District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel After finding improper voluntary recognition of inappropriate unit, case remanded for unit determination hearing; p. 12. more or view all topics or full text. | 2 | 2198 | 09/18/78 |
| 0060E | Santa Clara Unified School District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Case remanded to hearing officer for necessary credibility determinations and weighing of conflicting evidence. more or view all topics or full text. | 2 | 2157 | 08/03/78 |
| 0062E | Centinela Valley Union High School District 1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel Remand required so that hearing officer may examine propriety of stipulated unit configuration, as well as to take further evidence on whether disputed classifications are confidential; pp. 4-6. more or view all topics or full text. | 2 | 2163 | 08/07/78 |