All notes for Subtopic 1107.17000 – Advisory Opinions
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2524M | Salinas Valley Memorial Healthcare System 1107.17000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Advisory Opinions PERB does not issue advisory opinions, but declaratory relief is not an advisory opinion, as it resolves an actual dispute or controversy between parties. Neither the Board’s precedent nor its enabling statutes constrain the Board from providing declaratory relief. more or view all topics or full text. | 41 | 154 | 03/21/17 |
| A410M | County of Contra Costa 1107.17000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Advisory Opinions The Office of the General Counsel’s administrative determination is not an “advisory” opinion, since it resolved a controversy that was squarely placed before the Office of the General Counsel when the County claimed that factfinding did not apply to the bargaining dispute over which the union requested factfinding. more or view all topics or full text. | 38 | 154 | 04/16/14 |
| A419M | City and County of San Francisco 1107.17000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Advisory Opinions Neither the administrative determination ordering the parties to factfinding nor a ruling by the Board itself on the City’s appeal of the administrative determination is an advisory opinion. more or view all topics or full text. | 39 | 72 | 11/24/14 |
| 2270E | Centinela Valley Union High School District 1107.17000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Advisory Opinions Appeal filed “in order to exhaust administrative remedies” that specifically states that charging party does not dispute Regional Attorney’s findings, and fails to state the specific issues of procedure, fact, law or rationale to which the appeal is taken, fails to comply with requirements of PERB Regulation 32635(a). Given that charging party has not objected to any of the findings set forth in the dismissal, Board has no basis upon which to review the merits of the dismissal. Board does not render an advisory opinion or provide declaratory relief. more or view all topics or full text. | 37 | 11 | 06/07/12 |
| 1868M | County of Orange * * * OVERRULED by County of San Diego (2020) PERB Decision No. 2721-M 1107.17000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Advisory Opinions * * * OVERRULED ON OTHER GROUNDS by County of San Diego (2020) PERB Decision No. 2721-M. * * *The Board does not render advisory opinions or provide declaratory relief. more or view all topics or full text. | 31 | 29 | 12/15/06 |
| A351H | California State University Employees Union, Service Employees International Union Local 2579, California State Employees Association (Sarca) 1107.17000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Advisory Opinions PERB does not issue advisory opinions. more or view all topics or full text. | 30 | 81 | 03/02/06 |
| 1506E | Santa Clarita Community College District (College of the Canyons) 1107.17000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Advisory Opinions PERB does not issue “advisory opinions” or generalized declarations of law. The Board’s rulings bind its agents; its agents’ alleged speculations do not bind the Board. more or view all topics or full text. | 27 | 35 | 01/08/03 |
| 1488E | Service Employees International Union, Local 790 (Rax) 1107.17000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Advisory Opinions When a charge is determined to be untimely, Board finds unnecessary to determine whether the allegations in the charge state a prima facie case. more or view all topics or full text. | 26 | 33099 | 07/08/02 |
| 1475E | Long Beach Community College District 1107.17000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Advisory Opinions When the timeliness of a charge is not established, the Board’s inquiry into whether the charge states a prima facie case ends; therefore the Board declines to determine whether untimely allegations constitute a violation of EERA. more or view all topics or full text. | 26 | 33042 | 02/15/02 |
| A082E | Jefferson School District 1107.17000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Advisory Opinions Since PERB does not render advisory opinions, Board designation of the parameters of the duty to negotiate can be obtained only by a party's refusal to discuss disputed items; p. 13. more or view all topics or full text. | 4 | 11032 | 03/07/80 |
| A079S | State Employer-Employee Relations Act - Governor's Office of Employee Relations (Phase III) 1107.17000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Advisory Opinions Proper scope of unit determination proceeding is employees who are to be included in designated units. It is unnecessary to address the contention that the Board is without jurisdiction to designate an employee as managerial, confidential, or supervisory in order to formulate appropriate units, as such an inquiry would concern matter not in controversy; pp. 2-3. more or view all topics or full text. | 3 | 10133 | 10/18/79 |
| A047E | Lemoore Union High School District 1107.17000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Advisory Opinions 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. more or view all topics or full text. | 2 | 2199 | 09/22/78 |
| 0013E | Lompoc Unified School District 1107.17000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Advisory Opinions Board will refrain from deciding one of two proposed theories when a decision on one decides the case in favor of the party making the alternative arguments. more or view all topics or full text. | 1 | 80 | 03/17/77 |