All notes for Subtopic 1107.13000 – Administrative and Judicial Notice

DecisionDescriptionPERC Vol.PERC IndexDate
2691M * * * JUDICIAL APPEAL PENDING * * * City and County of San Francisco
1107.13000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative and Judicial Notice
PERB declined to resolve the parties’ numerous disagreements regarding the City’s request that it take administrative notice of certain records and documents, as none of its findings would differ based on the outcome of the City’s request. (County of Santa Clara (2019) PERB Decision No. 2629-M, p. 6, fn. 5.) more or view all topics or full text.
01/17/20
2633E Lake Elsinore Unified School District
1107.13000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative and Judicial Notice
Although PERB may take official notice of its own files and records, including allegations included in separate unfair practice cases, a blanket citation to an unfair practice case, without “designat[ing] . . . the portions of the record . . . relied upon,” does not comply with PERB Regulation 32300, subdivision (a)(3), requiring parties to designate the portions of the record relied upon, and we decline to scour the entire record of a separate case to determine whether it includes evidence to support the claim urged here by charging parties. more or view all topics or full text.
4315203/08/19
2622E Cabrillo Community College District
1107.13000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative and Judicial Notice
Certain records may be subject to permissive notice under Evidence Code section 452, subdivision (c), unless sufficient notice of the request for administrative notice was provided to each adverse party and there is “sufficient information” for the ALJ or Board to determine whether administrative notice is proper. (p. 10.) The Board lacked sufficient information, and thus was not required, to take notice of a federal agency report because the party requesting notice did not provide the Board or any other Board agent with a copy of the report. Moreover, the Board typically declines to take permissive notice of documents that are of no probative value to the issues before it. Without a copy of the report, the Board was not able to assess its probative value and declined to take permissive notice. (p. 10.) more or view all topics or full text.
4312602/04/19
2341M City of San Jose
1107.13000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative and Judicial Notice
Board may take administrative notice of, and supplement the record of an appeal with, judicial opinions. In determining whether the charging party had stated a prima facie case of surface bargaining, the Board took administrative notice of, and supplemented the record of charging party’s appeal with, a superior court decision regarding the legality of the City’s policy, which the charging party alleged contained an illegal subject of bargaining. more or view all topics or full text.
389412/06/13
2263M Central Contra Costa Transit Authority
1107.13000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative and Judicial Notice
The Board may take notice of the Roster of Public Agencies, filed in the Office of the Secretary of State, as material subject to judicial notice as an official act of the executive department of the State of California pursuant to Evidence Code, section 452, subdivision (c). more or view all topics or full text.
3617705/08/12
2103M City of San Diego (Office of the City Attorney) * * * OVERRULED IN PART by City of Sacramento (2013) PERB Decision No. 2351-M
1107.13000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative and Judicial Notice
Pursuant to California Evidence Code section 451, the Board shall take judicial notice of a City Charter. However, pursuant to section 452(b), the granting of judicial notice to a municipal code, or a city ordinance is discretionary. more or view all topics or full text.
346303/26/10
2094H Regents of the University of California * * * OVERRULED IN PART by amendment to HEERA section 3563.3, Stats. 2011, Ch. 539
1107.13000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative and Judicial Notice
The Board may exercise its discretion to take judicial notice of material from outside proceedings when the material is of probative value in the matter before the Board. The Board granted a request to take judicial notice of two legislative committee memoranda relevant to the legislative history of HEERA when PERB’s remedial authority under HEERA was at issue. The Board declined a request to take judicial notice of a temporary restraining order issued against a union that was not a party to the case before it. more or view all topics or full text.
344102/02/10
2028E California School Employees Association and its Chapter 379 (Dunn)
1107.13000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative and Judicial Notice
The Board may exercise its discretion to take judicial notice of material from outside proceedings when the material is of probative value in the matter before the Board. The Board declined to take judicial notice of documents from two personnel commission proceedings that were unrelated to the grievance underlying a breach of the duty of fair representation charge. more or view all topics or full text.
338905/27/09
A367S State of California (Information Technology Bargaining Unit 22 and Service Employees International Union Local 1000/California State Employees Association)
1107.13000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative and Judicial Notice
We discuss Antelope Valley in detail herein so that the context of our decision as to its applicability is readily understood. The Board hereby takes official notice of the entire record in Antelope Valley. more or view all topics or full text.
3115411/06/07
A304S California State Employees Association (Hard and Hackett)
1107.13000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative and Judicial Notice
Board denied CSEA's request to re-open the record to take judicial notice of the Board's own records pursuant to PERB Regulation 32320. CSEA presents no persuasive reason that "further evidence" of any kind will assist the Board in resolving this case. more or view all topics or full text.
243115809/15/00
A179E Pasadena Area Community College District
1107.13000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative and Judicial Notice
Board agent's determination that proof of support inadequate affirmed; unnecessary for Board to address allegations that collect inhibited by unfair practices where Board takes official notice of records which show that unfair practice charges containing same allegations were withdrawn with prejudice; pp. 2-3. more or view all topics or full text.
132002212/29/88
1299S State of California (Department of Industrial Relations)
1107.13000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative and Judicial Notice
While the SPB decision denying employee's appeal of his probationary rejection is not afforded collateral effect in this PERB proceeding, it forms a part of the record before the Board; p. 14. more or view all topics or full text.
233001211/02/98
1198E San Ysidro School District
1107.13000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative and Judicial Notice
Board may take official notice of its own records - including representation files. more or view all topics or full text.
212809505/07/97
1107S State of California (Department of Corrections) (California Correctional Peace Officers Association)
1107.13000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative and Judicial Notice
The Board may take official notice of the terms of a CBA filed with PERB pursuant to PERB Regulation 32120; p. 9, fn. 4. more or view all topics or full text.
192610005/19/95
0625E Fountain Valley Elementary School District
1107.13000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative and Judicial Notice
Board takes official notice of subsequent contract in determining proper remedy. more or view all topics or full text.
111811506/23/87
0360Ea Arcohe Union School District
1107.13000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative and Judicial Notice
Board takes administrative notice of representation files. more or view all topics or full text.
81509005/16/84
0333S State of California (Department of Transportation)
1107.13000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative and Judicial Notice
Board takes judicial notice of information garnered by Regional Attorney during investigation. more or view all topics or full text.
71422508/18/83
0329H Regents of the University of California, University of California Los Angeles Medical Center
1107.13000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative and Judicial Notice
Board exercises discretion in taking notice of materials filed by parties in Superior Court action. Board won't take notice where nothing of prolative value added. more or view all topics or full text.
71421408/05/83
0231H California State University, Hayward
1107.13000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative and Judicial Notice
Board may take official notice of information in its file which indicates representation election has occurred after issuance of proposed decision. more or view all topics or full text.
61318508/10/82