All notes for Subtopic 1107.18000 – Review of Findings Not Excepted To
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2799M | County of Santa Clara 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To The Board adjusted the proposed decision in a manner that varied from both parties’ positions to ensure that the decision hews to PERB precedent and effectuates the MMBA’s purposes. (Cf. State Employees Trades Council United (Ventura, et al.) (2009) PERB Decision No. 2069-H, pp. 7-8 [the Board may review legal issues not raised by the parties when necessary to correct a mistake of law, and the Board has the power and duty to make any determination and take any action needed to effectuate the law’s purposes].) more or view all topics or full text. | 46 | 94 | 12/20/21 |
| 2772Ma | County of Sonoma 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To Board conclusions not challenged on judicial appeal are binding under the law of the case doctrine. (p. 13, fn. 6.) more or view all topics or full text. | 47 | 127 | 02/28/23 |
| 2823S | State of California (California Correctional Health Care Services) 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To Pursuant to PERB Regulation 32300, subdivision (e), the Board considers issues not raised in exceptions only where there is good cause to do so. (p. 10, fn. 9.) more or view all topics or full text. | 47 | 23 | 06/29/22 |
| 2738H | Trustees of the California State University (San Marcos) 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To An ALJ’s factual findings, conclusions of law, and proposed remedies to which neither party excepts are not before the Board on appeal but remain binding on the parties. (p. 2, fn. 2 and 3.) more or view all topics or full text. | 45 | 26 | 07/28/20 |
| 2643E | California School Employees Association (Williams) 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To When neither party excepts to the merits of a proposed decision, the merits are not before the Board and are thus final and binding only on the parties to that proposed decision. (p. 2, fn. 2.) more or view all topics or full text. | 43 | 185 | 05/17/19 |
| 2611M | County of Orange 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To An ALJ’s factual findings and conclusions of law to which neither party excepts are not before the Board on appeal and are therefore binding only upon the parties. (p. 2, fn. 2.) more or view all topics or full text. | 43 | 101 | 12/19/18 |
| 2582M | City of Davis 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To Where an issue was not identified as a specific exception but inextricably intertwined with other exceptions, the Board would err on the side of considering it. more or view all topics or full text. | 43 | 51 | 09/05/18 |
| 2572M | San Bernardino Public Employees Association 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To The Board has discretion to review matters not excepted to, including when, as here, the correction is needed to “prevent an erroneously-decided issue from becoming Board precedent.” Sua sponte review is particularly appropriate when the erroneously decided issue is closely intertwined with the exceptions before the Board. more or view all topics or full text. | 43 | 7 | 06/21/18 |
| 2532C | Sonoma County Superior Court 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To Because the respondent did not except to the ALJ’s findings of fact, the Board presumed the respondent was satisfied with the record established at hearing. more or view all topics or full text. | 42 | 6 | 06/27/17 |
| A451E | Berkeley Unified School District 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To (An appeal of an administrative determination “must state the specific issue(s) of procedure, fact, law or rationale that is appealed and state the grounds for the appeal.” (PERB Regulation 32360, subd. (c).) Unless circumstances indicate otherwise, we consider only those issues properly raised.) more or view all topics or full text. | 42 | 31 | 08/16/17 |
| 2517C | Fresno County Superior Court * * * VACATED IN PART by Fresno County Superior Court (2019) PERB Decision No. 2517a-C 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To * * * VACATED IN PART ON OTHER GROUNDS by Fresno County Superior Court (2019) PERB Decision No. 2517a-C. * * *As part of its de novo review, the Board itself may address matters not excepted to correct an error or prevent a serious mistake of law from becoming part of Board precedent. Although neither party had excepted, the proposed decision contained a typographical error whose effect was to suggest that an employer may restrict employees from solicitation during nonworking time, which is contrary to Board precedent. The Board corrected the editing oversight to avoid confusion regarding Board precedent. (p. 3, fn. 5.) more or view all topics or full text. | 41 | 140 | 02/27/17 |
| A406M | City of Pasadena 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To Parties may not use compliance proceedings to re-litigate factual issues previously decided in the same action. Litigation shall not be had in a piecemeal fashion; when a party has a particular claim or defense in a cause of action, it must assert it in those proceedings, or it will be waived. more or view all topics or full text. | 38 | 122 | 01/28/14 |
| 1974H | American Federation of State, County and Municipal Employees (Owens) 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To The Board did not address those allegations that were not excepted to because charging party did not except to that portion of the ALJ’s proposed decision. more or view all topics or full text. | 32 | 135 | 08/29/08 |
| 1479S | California State Employees Association (Hard, et al.) 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To Board may review issues not excepted to, to avoid a serious mistake of law; p. 13. Evidence of CSEA’s animosity toward CDU is contained in its motion to dismiss; p. 21. more or view all topics or full text. | 26 | 33065 | 05/02/02 |
| 1479Sa | California State Employees Association (Hard, et al.) 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To The Board disagrees that its sua sponte review of the ALJ’s reliance upon California State Employees Association (Hackett, et al.) (1993) PERB Decision No. 979-S in order to avoid a “serious mistake of law” was a prejudicial error of fact. Board precedent allows such sua sponte review and has held that reversal of precedent does not constitute grounds for reconsideration. [Apple Valley Unified School District (1990) PERB Order No. Ad-209a]. more or view all topics or full text. | 27 | 2 | 10/21/02 |
| A209Ea | Apple Valley Unified School District 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To Board is not contrained from applying legal analysis not urged by parties or from raising sua sponte legal issues in order to correct a serious mistake of law; no prejudice from Board's failure to solicit briefing prior to raising such issues; p. 3. more or view all topics or full text. | 14 | 21184 | 09/19/90 |
| A216E | San Jose-Evergreen Community College District 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To Board may decide legal issues where they were neither argued to the hearing officer nor raised in the initial appeal. more or view all topics or full text. | 14 | 21203 | 10/29/90 |
| A167E | Los Angeles City and County School Employees Union (Kimmett) 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To It is a well established principal that Board will consider on appeal only those issues properly raised; p. 4. more or view all topics or full text. | 12/18/87 | ||
| A152E | Riverside Unified School District (Petrich) 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To Charging party's desire to reverse Board precedent and his unsupported suspicions about ALJ's neutrality are insufficient justification for Board to transfer case to itself before issuance of proposed decision. All matters raised by charging party can be addressed by the Board if exceptions are filed to ALJ decision. more or view all topics or full text. | 10 | 17013 | 12/13/85 |
| A114Hb | Unit Determination for Employees of the Regents of University of California 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To Board directs that further hearing on exclusionary issues be cancelled until after efforts by the Director of Representation to narrow the issues. more or view all topics or full text. | 08/04/82 | ||
| A030E | San Rafael City High School District 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To Other (Expedited Appeal). Request for expedited treatment is denied. Requestor stated only that the issue presented in the case is of significance to one dozen school districts. This argument, if granted, would apply to every case on the Board's docket. more or view all topics or full text. | 2 | 2100 | 05/16/78 |
| A033E | Rio Hondo Community College District 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To Request to expedite Board decision is rejected where it would result in the delay of other decisions pending before the Board and there is no clear showing of absolute necessity. more or view all topics or full text. | 2 | 2109 | 05/23/78 |
| 1008E | California School Employees Association (Watts) 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To Reg. 32635 requirement that unless good cause is shown, a party may not raise on appeal new charge allegations or new supporting evidence is extended to appeals of dismissals of public notice complaints. more or view all topics or full text. | 17 | 24135 | 08/09/93 |
| 0856E | Elk Grove Unified School District 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To Where the only charging party with standing to appeal dismissal of 3543.5(c) violation does not appeal, the Board may have discretion to examine the propriety of the dismissal, but here there is no compelling interest for Board to review dismissal of that portion of the charge; p. 6. more or view all topics or full text. | 15 | 22009 | 12/17/90 |
| 0831Eb | ABC Unified School District (American Federation of State, County and Municipal Employees) 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To While a party's failure to except to an issue serves as a waiver of that party's right to except, it does not preclude the Board from reviewing unappealed matters; p. 4. more or view all topics or full text. | 15 | 22066 | 03/27/91 |
| 0373Eb | Mt. Diablo Unified School District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To * * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *Despite the fact that no exceptions were filed, Board found it necessary to review certain findings sua sponte in order to avoid a serious mistake of law; p. 5. more or view all topics or full text. | 8 | 15142 | 08/15/84 |
| 0356H | Regents of the University of California (Statewide University Police Association) 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To Evidence raised for the first time on exceptions will not be considered by the Board. more or view all topics or full text. | 7 | 14288 | 11/14/83 |
| 0309E | Los Angeles Community College District (Kimmett) 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To As document was not served by a non-party and no copy was sent to the opposing party, charging party failed to properly serve his appeal; p. 7. more or view all topics or full text. | 7 | 14155 | 05/18/83 |
| 0087E | Rio Hondo Community College District 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To While party's failure to except to an issue serves as a waiver of the party's right to except, it does not preclude the Board from reviewing unappealed matters; though not excepted to, Board will exercise its jurisdiction over the issue of the appropriateness of the total unit and examine the exclusion of summer school instructors from the certificated unit; pp. 2-3. more or view all topics or full text. | 3 | 10027 | 01/25/79 |
| 0013E | Lompoc Unified School District 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To 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 |
| 0076E | Monterey Peninsula Community College District 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To Though exceptions were not timely filed, Board will review sua sponte whether positions specifically excluded by statute, such as supervisors, were improperly included in unit; p. 2. more or view all topics or full text. | 2 | 2204 | 10/16/78 |