All notes for Subtopic 1107.17000 – Advisory Opinions

DecisionDescriptionPERC Vol.PERC IndexDate
2524M Salinas Valley Memorial Heatlhcare 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.
4115403/21/17
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.
3815404/16/14
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.
397211/24/14
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.
06/07/12
1868M County of Orange
1107.17000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Advisory Opinions
The Board does not render advisory opinions or provide declaratory relief. more or view all topics or full text.
312912/15/06
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.
308103/02/06
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.
273501/08/03
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.
263309907/08/02
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.
263304202/15/02
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.
41103203/07/80
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.
31013310/18/79
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.
2219909/22/78
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.
18003/17/77