All notes for Subtopic 1107.12000 – Interlocutory Appeal
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| A502E | Pasadena Area Community College District 1107.12000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Interlocutory Appeal An appeal from an administrative determination does not automatically stay further proceedings. (PERB Reg. 32370.) However, the parties’ agreement to hold the decertification election in the fall mooted any need to formally stay the election pending the Board’s decision. The Board noted that while it is sometimes feasible to hold an election even though there are disputes over voter eligibility, as parties can challenge disputed ballots, which can then be impounded and sealed, with challenges resolved after the fact only if they are potentially dispositive in number, such a path would have been ill advised here because a large portion of the eligibility list was in dispute. Large-scale confusion over global issues (including voter eligibility or unit configuration) will tend to impair employee free choice. (City of Bellflower (2020) PERB Order No. Ad-480-M, p. 12, fn. 12.) In such circumstances, it is typically better to resolve the global issue(s) before holding an election. (Ibid.) (p. 3 & fn. 4.) more or view all topics or full text. | 48 | 19 | 06/28/23 |
| A502E | Pasadena Area Community College District 1107.12000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Interlocutory Appeal Exclusive representative asked Board agent to certify an interlocutory appeal to the Board over whether the Board agent’s administrative determination erred in establishing a certain voter eligibility test for a decertification election. The Board found that the dispute met all criteria for an interlocutory appeal under PERB Regulation 32200; because there was such a significant dispute over which employees may vote, the appeal involved more than just the “mechanics” of an election as that term is used in PERB Regulation 32380, subdivision (a). (p. 3 & fn. 4.) more or view all topics or full text. | 48 | 19 | 06/28/23 |
| A500E | Pasadena Area Community College District 1107.12000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Interlocutory Appeal Exclusive representative asked Board agent to certify an interlocutory appeal to the Board over whether the Board agent’s administrative determination (AD) erred in finding “that electronic, non-original signatures may be used for proof of support for decertification petitions under PERB Regulation 32700(d)(5).” The Board reversed the AD because the Board agent misconstrued the applicable regulation on proof of support. (p. 6.) more or view all topics or full text. | 47 | 115 | 01/11/23 |
| A500E | Pasadena Area Community College District 1107.12000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Interlocutory Appeal An appeal from an administrative determination does not automatically stay further proceedings. (PERB Reg. 32370.) Interlocutory appeals are a subset of administrative appeals involving controlling issues of law the resolution of which will materially advance case resolution. (PERB Reg. 32200.) For that reason, “in most cases it is appropriate for a Board agent certifying an interlocutory appeal to the Board itself to pause activity in the case pending the Board’s resolution of the issue(s) on appeal.” (Regents of the University of California (San Francisco) (2023) PERB Order No. Ad-499-H, p. 8.) (p. 5, fn. 5.) more or view all topics or full text. | 47 | 115 | 01/11/23 |
| 2765E | Gompers Preparatory Academy 1107.12000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Interlocutory Appeal Certifying an interlocutory appeal would signify to the Board that a critical issue in this case needed immediate resolution. The Board could have expeditiously resolved the issue and returned the case to the ALJ to either order limited briefing on the merits if his Order was affirmed, or setting a hearing if his Order was reversed. (p. 19.) more or view all topics or full text. | 45 | 99 | 04/30/21 |
| 2765E | Gompers Preparatory Academy 1107.12000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Interlocutory Appeal When determining whether to certify an interlocutory appeal to the Board, Board agents should be guided by PERB’s longstanding policy against “depriv[ing parties] of the opportunity to have their issues heard on the merits due to legal technicalities.” (p. 19) more or view all topics or full text. | 45 | 99 | 04/30/21 |
| 2765E | Gompers Preparatory Academy 1107.12000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Interlocutory Appeal Whether good cause existed to accept a late-filed answer was an appropriate issue for an interlocutory appeal pursuant to PERB Regulation 32200. In order for an ALJ to join in the request and certify the interlocutory appeal to the Board itself, three elements must be found: (a) the issue involved is one of law; (b) the issue involved is controlling in the case; and (c) an immediate appeal will materially advance the resolution of the case. (Ibid.) Because the existence of good cause requires the application of a legal standard, it is an appropriate issue to certify to the Board. Because the ALJ construed the late-filed answer as resulting in the respondent admitting all material factual allegations in the complaint and charge, waiving all affirmative defenses, and waiving its right to a hearing, finding no good cause was sufficiently controlling to warrant an interlocutory appeal. Certifying an interlocutory appeal would have avoided duplicative briefing, so the appeal would have materially advanced the resolution of the case. (p. 18) more or view all topics or full text. | 45 | 99 | 04/30/21 |
| A482M | County of Santa Clara 1107.12000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Interlocutory Appeal PERB Regulation 32200 allows the appeal of an interlocutory order to the Board only when the Board agent joins in the request. (p. 3, fn. 4.) Because pre-arbitration deferral has a substantial impact on the charging party’s subsequent ability to pursue the allegations in the charge, and to bring uniformity to PERB’s practice under the various statutes it administers, a Board agent’s decision to defer a charge to arbitration and place it in abeyance pending completion of arbitration proceedings is not an interlocutory order, and therefore PERB Regulation 32200 does not apply in such circumstances. Rather, such a decision is an administrative decision that may be appealed directly to the Board under PERB Regulation 32360. (pp. 8-11.)PERB Regulation 32380, by its plain language, contemplates that an administrative decision may constitute an interlocutory order. Thus, administrative decisions and interlocutory orders are not mutually exclusive. (pp. 6-7.)Although the Board has not yet fully delineated the scope of what constitutes an interlocutory order, interlocutory orders are not limited to rulings made in the course of a hearing. (p. 7, fn. 9.) more or view all topics or full text. | 45 | 59 | 11/02/20 |
| A443E | Morgan Hill Unified School District 1107.12000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Interlocutory Appeal (A letter placing a unit modification petition in abeyance pending the outcome of a decertification petition is an interlocutory order, and therefore must be appealed pursuant to PERB Regulation 32380, not PERB Regulation 32350.) (The Board will not entertain an appeal of an interlocutory order unless the Board agent joins in the request.) more or view all topics or full text. | 41 | 107 | 12/13/16 |
| A269H | Regents of the University of California (Association of Graduate Student Employees, et al.) 1107.12000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Interlocutory Appeal The Board affirmed ALJ's Ruling on Order to Show Cause in interlocutory appeal which had been joined by the ALJ; p. 2. more or view all topics or full text. | 19 | 26110 | 07/17/95 |
| A232E | Los Angeles Unified School District (Service Employees International Union Local 99/Members for Union Democracy) 1107.12000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Interlocutory Appeal Section 32360. Appeal from administrative determination is rejected by Board as defective where appeal does not state the issues on appeal nor the grounds for the appeal. more or view all topics or full text. | 16 | 23066 | 05/05/92 |
| A231S | State of California (Department of Corrections) (California Correctional Peace Officers Association) 1107.12000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Interlocutory Appeal Reg. 32200 requires the Board agent certify an interlocutory appeal to the Board. The Board will not entertain such an appeal without Board agent certification. Reg. 32646 allows for a direct appeal to the Board of a denial of a motion to defer to binding arbitration. more or view all topics or full text. | 04/09/92 | ||
| A210H | Regents of the University of California (Veldhuizen and Shyne) 1107.12000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Interlocutory Appeal The Board dismissed the University's interlocutory appeal of an ALJ's denial of its motion to quash complaint, on the basis that the ALJ who denied the motion declined to join in the appeal as required under PERB Regulation 32200; pp. 2-3. more or view all topics or full text. | 14 | 21128 | 06/20/90 |
| A213E | San Diego County Office of Education 1107.12000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Interlocutory Appeal Board, on its own motion, orders a stay of a hearing pending resolution of an interlocutory appeal of a denial of a motion to defer to arbitration. more or view all topics or full text. | 14 | 21182 | 09/18/90 |
| A168S | California Correctional Peace Officers Association (Ford) 1107.12000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Interlocutory Appeal 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. more or view all topics or full text. | 12 | 19062 | 04/21/88 |
| A150E | Merced Union High School District 1107.12000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Interlocutory Appeal Respondent may not address the merits of its defense to unfair practice charge through interlocutory appeal of ALJ's refusal to defer. more or view all topics or full text. | 10 | 17011 | 12/12/85 |
| A044E | Oakland Unified School District 1107.12000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Interlocutory Appeal Board agent's decision to allow additional time for showing of support after posting of representational hearing decision which was incomplete as it did not state time deadline for showing of support for appearance on ballot is a matter of internal Board procedure and not appealable; p. 4. more or view all topics or full text. | 2 | 2165 | 08/16/78 |
| A045E | Folsom-Cordova Unified School District 1107.12000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Interlocutory Appeal Board dismissed appeal of order to conduct election where although order was ambiguously worded as to time deadline for filing appeal, and appeal was arguably timely filed, regional director had ordered election to proceed and issues in appeal can be addressed through party's filing of objections to election; p. 4. more or view all topics or full text. | 2 | 2180 | 09/06/78 |
| A046E | Oakdale Union Elementary School District 1107.12000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Interlocutory Appeal Board affirmed regional director's decision to deny request for post-factfinding mediation where one party did not desire mediation and where regional director determined based on knowledge of negotiation history that mediation would not be beneficial in helping parties to reach agreement; p. 5. more or view all topics or full text. | 2 | 2182 | 09/13/78 |
| A047E | Lemoore Union High School District 1107.12000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Interlocutory Appeal Appeal of regional director's order of election for rescission of organizational security arrangement denied where petition for election was timely and accompanied by sufficient signatures; p. 1. PERB Regulation 34020(b)(5) requires that petition for rescission of organizational security clause include language of the clause sought to be rescinded; to avoid confusion on what clause is being voted on, text of the submitted clause appears on each ballot; p. 5. Pending superior court actions which could result in a finding that organizational security clause, which is the subject of a petition for a rescission election, is unenforceable, do not require PERB to cancel or delay rescission election, as to do so would be to render an advisory opinion that such a clause does not constitute an organizational security arrangement "in effect" under EERA 3546(b), as no judgment has yet been rendered by the court; p. 6. organizational security arrangement "in effect" under EERA 3546(b), as no judgment has yet been rendered by the court; p. 6. more or view all topics or full text. | 2 | 2199 | 09/22/78 |
| A010E | Westminster Teachers Association, et al.(Zaikowsky, et al.) 1107.12000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Interlocutory Appeal Appeal of hearing officer's denial of motion to dismiss charges premature; p. 1. more or view all topics or full text. | 1 | 237 | 06/22/77 |
| 1294E | Kern High School District 1107.12000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Interlocutory Appeal PERB Regulation 32640(c) provides that a decision of a Board agent to issue a complaint is not appealable to the Board itself except in accordance with Section 32200; p. 3. more or view all topics or full text. | 23 | 30008 | 10/22/98 |
| 0948S | State of California (Department of Personnel Administration) 1107.12000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Interlocutory Appeal Directed election order in this case is not an administrative decision within the meaning of PERB Regulation 32350; p. 5. more or view all topics or full text. | 16 | 23131 | 08/06/92 |