All notes for Subtopic 1107.16000 – Disqualification or Bias of Board Agent

DecisionDescriptionPERC Vol.PERC IndexDate
A469M County of Riverside
1107.16000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Disqualification or Bias of Board Agent
The Board may deny special permission to appeal the denial of a request for disqualification when it would not effectuate the purposes of the applicable statute to allow the appeal. The Board granted special permission, in the unique circumstances of this case, based on the number of consolidated cases involved and the nature of the of the arguments for recusal. more or view all topics or full text.
437511/14/18
A469M County of Riverside
1107.16000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Disqualification or Bias of Board Agent
Request for recusal of a Board member is premature when the case is pending before an ALJ or Board agent. more or view all topics or full text.
437511/14/18
A469M County of Riverside
1107.16000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Disqualification or Bias of Board Agent
Neither the Board’s decision to seek injunctive relief against alleged unfair practices, nor statements by the General Counsel in pursuing injunctive relief, indicated that the Board itself had a fixed anticipatory prejudgment of the merits of the cases, where the statements by the General Counsel were grounded in the standards for obtaining injunctive relief. more or view all topics or full text.
437511/14/18
2461Ma County of Tulare
1107.16000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Disqualification or Bias of Board Agent
Reconsideration procedure is not interchangeable with a motion for recusal under PERB Regulation 32155. Because Union was on notice as of the date of board member’s appointment to PERB that he could have been assigned to a panel that considered this case, Union could have filed a motion for his recusal pursuant to PERB Regulation 32155, subdivision (f) upon learning of his appointment to the Board. The event triggering the time limits in PERB Regulation 32155, subdivision (f) is simply the possibility, not a certainty, that the board member in question may be on a particular panel. The term “counsel” in PERB Regulation 32155, subdivision (a)(3) does not include a consultant who is not an attorney. PERB Regulation 32155, subdivision (a)(3) describes three conditions requiring recusal, two of which apply to attorneys or “counsel” and one which applies to any person who has given advice to a party “upon any matter involved in the proceeding before the Board.” Thus, an “attorney or counsel for any party” must recuse himself or herself from a case in which he or she has represented a party in the “case or proceeding.” Likewise, a person who “has been retained or employed as attorney or counsel for any party within one year prior to the commencement of the case at the Board level” is subject to recusal. Because Board member was not an attorney or counsel, the one-year interdiction on participating in cases does not apply to him. No evidence was produced, nor argument made, that member gave advice to any party upon any matter involved in the proceeding before the Board, i.e. the County of Tulare. None of the circumstances contemplated by PERB Regulation 32155, subdivision (a)(3) are applicable to this case. Under PERB Regulation 32155, subdivision (a)(4), a board member, by virtue of his or her past employment, may not be considered automatically prejudiced in favor of a client of his or her former employer, and against any adversary of that client. Under PERB Regulation 32155, subdivision (e), in the absence of any facts supplied by a sworn declaration, mere past association with a law firm that represents the respondent does not establish that board member had knowledge of any facts pertaining to this case which would disqualify him to consider any case before the board. more or view all topics or full text.
4014502/29/16
A430M Morongo Basin Transit Authority
1107.16000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Disqualification or Bias of Board Agent
Permitting a party to cure a defect such as a lack of signature on a document that has no particular timeline for filing does not evince bias. The regulatory scheme in representation cases favors the petitioner in the more substantive matter of perfecting its showing of support. PERB Regulation 61240, subd. (b) provides that if the initial proof of support is insufficient, the Board may allow up to 10 days to perfect the proof of support. If the Board may allow extra time to submit additional support, it cannot be said that the more innocuous act of informing a petitioner that the petition lacks a required signature evidences bias. more or view all topics or full text.
409712/14/15
A402E Children of Promise Preparatory Academy
1107.16000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Disqualification or Bias of Board Agent
A “fixed anticipatory prejudgment” against a party must be shown to establish bias sufficient for Board agent disqualification. Prejudgment is established through statements or conduct by the Board agent indicating a clear predisposition against a party. Erroneous legal or factual rulings, in themselves, do not indicate bias. PERB Regulation 32155(c) requires that any request that a Board agent disqualify himself or herself be made under oath and specifically set forth all facts supporting it. PERB Regulation 32155(c) does not require the concurrence of the parties to the identity of a replacement Board agent. The Board agent’s statement in the order to show cause, that the academy had failed thus far to provide sufficient evidence to rebut the presumption that the proposed unit was appropriate, did not indicate bias, but rather a candid and appropriate appraisal of the academy’s position. more or view all topics or full text.
387611/06/13
A377S State of California, et al.
1107.16000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Disqualification or Bias of Board Agent
Requests to disqualify a Board agent failed to comply with PERB Regulation 32155(c) where they were not made in writing under oath. Although timely, appeal from dismissal is dismissed for failure to comply with requirements of PERB Regulation 32155(c). PERB Regulation 32155(d) does not allow an appeal on the basis of a Board agent’s failure to disqualify himself or herself without the party first seeking disqualification of the Board agent as delineated in PERB Regulation 32155(c). more or view all topics or full text.
334602/25/09
A322E Chula Vista Elementary EA, California Teachers Association
1107.16000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Disqualification or Bias of Board Agent
Under PERB Reg. 32155, absent some evidence of subjective bias or material disparity in case processing, there is no basis to disqualify a Board agent. more or view all topics or full text.
275404/11/03
1486E Lodi Unified School District
1107.16000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Disqualification or Bias of Board Agent
Absent showing of good cause, new allegations or evidence will not be considered on appeal from dismissal of charge; No good cause shown here for acceptance of new allegations or evidence on appeal. more or view all topics or full text.
263309606/28/02
1469E Los Angeles Unified School District
1107.16000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Disqualification or Bias of Board Agent
Opinions of ALJ regarding evidence arrived at after hearing testimony insufficient to establish bias of ALJ. Contacting settlement ALJ without notice to parties to ascertain availability to continue settlement discussions insufficient to establish bias of ALJ. Suggesting it was in one parties interest "primarily" to settle in the context of informing all parties to settle insufficient to establish bias of ALJ. more or view all topics or full text.
263302311/29/01
A166E Riverside Unified School District (Petrich)
1107.16000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Disqualification or Bias of Board Agent
As Board sustained ALJ's decision and found no evidence of misconduct by ALJ, Board denied request to substitute a new hearing officer; p. 1. more or view all topics or full text.
111815809/16/87
A168S California Correctional Peace Officers Association (Ford)
1107.16000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Disqualification or Bias of Board Agent
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. Where special permission to appeal ALJ's refusal to disqualify himself is denied, the moving party may reassert its arguments in its exceptions to the ALJ's proposed decision; p. 2. more or view all topics or full text.
121906204/21/88
0963E Apple Valley Unified School District
1107.16000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Disqualification or Bias of Board Agent
Board dismissed allegation that Board agent was bias because it was unsupported by any factual assertions; p. 2. more or view all topics or full text.
172402012/07/92
0951H California Faculty Association (Shvyrkov)
1107.16000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Disqualification or Bias of Board Agent
Board Agent's facilitation of communication and statements to Charging Party do not demonstrate bias; pp. 3-4. more or view all topics or full text.
162314109/04/92
0632E Riverside Unified School District
1107.16000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Disqualification or Bias of Board Agent
Record provides no evidence of ALJ bias or prejudice. more or view all topics or full text.
111815208/26/87
0627E Los Angeles School District Peace Officer's Association (Brown)
1107.16000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Disqualification or Bias of Board Agent
No fact provided to support claim of bias of board agent. more or view all topics or full text.
111811706/23/87
A337H Regents of the University of California
1107.16000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Disqualification or Bias of Board Agent
The Board denied Sarka’s request to receive special permission to appeal the refusal of a Board agent to disqualify herself from investigation of his unfair practice charge pursuant to PERB Regulation 32155(d). more or view all topics or full text.
2816106/08/04
1216S State of California (Department of Forestry and Fire Protection)
1107.16000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Disqualification or Bias of Board Agent
The Board will not consider an alleged conflict of interest by the Board agent when the party failed to follow the procedures prescribed by PERB Regulation 32155; p. 21; Evidence of bias should be brought to the Board's attention immediately. Self-serving unsubstantiated suggestion of bias do a disservice to PERB and discredit the alleging party. more or view all topics or full text.
212814408/27/97
0326E Oakland Unified School District
1107.16000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Disqualification or Bias of Board Agent
ALJ analysis of witnesses' testimony not evidence of bias; p. 34. more or view all topics or full text.
71419507/11/83
0947E Palomar Community College District
1107.16000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Disqualification or Bias of Board Agent
Board agent noted his relationship with union's counsel on the record in accord with PERB Regulation 32155. Board rejected district's claim of conflict of interest raised only after a decision was issued contrary to the district's position; p. 7. more or view all topics or full text.
162311107/14/92