All notes for Subtopic 1107.08000 – Proceedings During or After Court Enforcement, Review, or Remand

DecisionDescriptionPERC Vol.PERC IndexDate
1945Ea Journey Charter School
1107.8000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Proceedings During or After Court Enforcement, Review, or Remand
The Court of Appeal reversed Decision No. 1945, in which the Board had dismissed the charge of discrimination against three teachers, and remanded the case to PERB to issue an order consistent with the court’s determination. more or view all topics or full text.
339806/02/09
1490Ea Turlock Joint Elementary School District
1107.8000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Proceedings During or After Court Enforcement, Review, or Remand
Pursuant to Court of Appeal’s decision, which was subsequently depublished by the California Supreme Court, Board dismisses charge and complaint. more or view all topics or full text.
288102/19/04

1107.8000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Proceedings During or After Court Enforcement, Review, or Remand
Court remands petitioner's application for attorney fees in light of present decision. [49 Cal.3d at 582 and 606-607] more or view all topics or full text.

1107.8000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Proceedings During or After Court Enforcement, Review, or Remand
Function of judicial review requires that the grounds upon which an administrative agency proceeded by clearly disclosed and adequately supported. [220 Cal.App.3d at 355] Court sets aside Board decision as the record does not contain substantial evidence to support Board's finding that University violated HEERA by refusing to deliver union mail through its internal mail system. [220 Cal.App.3d at 362] A series of hypothetical and ambiguous findings reached at a preliminary stage of a superseded proceeding is not substantial evidence supporting the Board's finding. [220 Cal.App.3d at 361] more or view all topics or full text.

1107.8000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Proceedings During or After Court Enforcement, Review, or Remand
Since only dissenting Board member addressed issue, court found it appropriate to remand case so the Board may consider whether employees clearly protected union activity may constitute a legitimate business justification for discrimination in the hiring of a confidential employee. [189 Cal.App.3d at 312] more or view all topics or full text.

1107.8000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Proceedings During or After Court Enforcement, Review, or Remand
As statutory interpretations approved by court were not uniformly applied to the facts of the two cases before court, court remanded cases to PERB for further proceedings consistent with the proper legal standard. [33 Cal.3d at 867] more or view all topics or full text.
A157Ea Fontana Unified School District
1107.8000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Proceedings During or After Court Enforcement, Review, or Remand
Pursuant to remand from Court of Appeal, Board ordered the executive director to accept as timely filed, the Association's appeal of the Board agent's dismissal of its decertification petition; p. 2. more or view all topics or full text.
111818811/06/87
1138Ea Barstow Unified School District
1107.8000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Proceedings During or After Court Enforcement, Review, or Remand
After the 4th District Appellate Court stayed CSEA's separate Education Code violation Superior Court case for failure to exhaust administrative remedies at PERB, the Board agreed to reconsider its decision in Barstow Unified School District (1996) PERB Decision No. 1138. In its original decision, the Board never reached the Education Code question because it was pending in another forum. The Board gave the parties 30 days to provide supporting briefs on the Education Code issue. more or view all topics or full text.
202710405/31/96
0183Ha University of California at Berkeley * * * SUPERCEDED by University of California at Berkeley (1984) PERB Decision No. 420-H and by the U.S. Supreme Court, 485 U.S. 589
1107.8000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Proceedings During or After Court Enforcement, Review, or Remand
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.
71410303/18/83