All notes for Subtopic 1107.20000 – Other

DecisionDescriptionPERC Vol.PERC IndexDate
2691M * * * JUDICIAL APPEAL PENDING * * * City and County of San Francisco
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
PERB granted City’s request to file a reply brief regarding its exceptions, where union raised new matters in its responsive briefing. more or view all topics or full text.
01/17/20
2670M * * * JUDICIAL APPEAL PENDING * * * County of Santa Clara
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Under PERB Regulation 32215, the Board may order the Division of Administrative Law to conduct an expedited hearing and, upon completion of the hearing, that the record be submitted to the Board itself for a decision on the merits. (p. 12.) more or view all topics or full text.
09/20/19
2583M Oak Valley Hospital District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Absent good cause, the Board will dismiss as without merit any initial exceptions filed by a prevailing party unless the Board’s ruling on the exceptions would change the outcome of the ALJ decision. The Board found good cause to consider the prevailing party’s initial exceptions in order to prevent the parties from being bound by an erroneous legal conclusion in the proposed decision should similar facts arise between them in the future. (pp. 2, 5-6) more or view all topics or full text.
435309/10/18
A444M City of San Luis Obispo
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Because the subject of reply briefs is not specifically set forth in or limited by PERB Regulations, it falls under the Board’s broad, statutory powers to “investigate unfair practice charges or alleged violations of [the MMBA], and [to] take any action and make any determinations in respect of these charges or alleged violations as the board deems necessary to effectuate the policies of [the MMBA].” Where a reply brief clarifies the issues by narrowing the scope of the dispute, the Board may consider a reply, as it would aid the Board in its review of the matter and, by narrowing the scope of issues in dispute, will not prejudice other parties. (pp. 4-5.) more or view all topics or full text.
4110812/13/16
A444M City of San Luis Obispo
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Although PERB Regulation PERB Reg. 32164 governing applications for joinder as a part to an unfair practice charge contains no express time limit, an employer, employee organization or employee cannot use the joinder procedure to circumvent the six-month limitations period set forth in the statute and PERB Regulations. Where an employee organization could have filed its own timely unfair practice charge to challenge an employer action, but failed to do so within the limitations period, it cannot later join the proceedings initiated by another organization out of concern that a negotiated settlement may affect employees in its bargaining unit. (p. 9.) more or view all topics or full text.
4110812/13/16
A446Ea Lake Elsinore Unified School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
The Board found that the District’s request for reconsideration was without even arguable merit, as it failed to comply with the basic requirements of the reconsideration regulation and recent PERB decisional law directly on point, and it included no serious argument for extending, modifying, or reversing existing law or for establishing new law to permit reconsideration of administrative determinations. However, the Board denied Charging Parties’ request for sanctions because there was no evidence the District’s reconsideration motion was brought in bad faith. PERB precedent requires that, to obtain monetary sanctions, including attorney’s fees or other reasonable litigation expenses, the moving party must demonstrate that the claim, defense, motion or other action or tactic was “without arguable merit” and pursued in “bad faith.” (pp. 5-6.) more or view all topics or full text.
4214805/15/18
A453H Regents of the University of California
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Because reply briefs are neither expressly permitted nor prohibited by PERB Regulations, the has discretion to consider a reply where it raises new issues, discusses new case law or formulates new defenses to allegations. (p. 17.) Consideration of a reply may also be appropriate when it clarifies or narrows the issues or the scope of relief requested. In this case, however, because the point being asserted in the reply had already been fully argued in the appeal, there was no reason for the Board to consider the reply’s “clarification” of the same point. (p. 19) more or view all topics or full text.
424709/29/17
2614E Los Rios Community College District and Los Rios College Federation of Teachers, Local 2279
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
The Board has discretion whether to accept reply briefs. more or view all topics or full text.
4310512/21/18
2614E Los Rios Community College District and Los Rios College Federation of Teachers, Local 2279
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
To obtain monetary sanctions, including attorney’s fees or other reasonable litigation expenses, the moving party must demonstrate that the claim, defense, motion or other action or tactic was without arguable merit and pursued in bad faith. more or view all topics or full text.
4310512/21/18
2614E Los Rios Community College District and Los Rios College Federation of Teachers, Local 2279
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
As litigation sanction for frivolous filings, Board advised parties opposing litigant that they need not respond to litigant’s future filings unless and until the Office of the General Counsel notifies the respondent that the charge raises colorable new allegations of EERA violations, and that a response is therefore required. more or view all topics or full text.
4310512/21/18
A471E New Haven Unified School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
The Board will deny an application for joinder, made for the first time on appeal of dismissal for failure to prosecute, where the party seeking to join had ample opportunity to join at earlier stages. more or view all topics or full text.
438412/03/18
A471E New Haven Unified School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
The Board lacks authority to order an exclusive representative to represent an employee at PERB. more or view all topics or full text.
438412/03/18
2545Ea Alliance College-Ready Public Schools et al.
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
The Board has broad authority when reviewing exceptions, and has exercised this authority to accept supplemental briefing and request supplemental briefing. However, after a final decision has been issued, the Board’s authority to request supplemental briefing on issues raised or addressed by that decision is limited to issues that have been raised in a valid request for reconsideration. more or view all topics or full text.
43806/20/18
2532C Sonoma County Superior Court
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Under PERB Regulation 32320, subdivision (d), the Board has discretion whether to designate a decision resolving the appeal of a dismissal of an unfair practice charge as precedential. The precedential designation is appropriate for a decision that overrules a prior Board decision. more or view all topics or full text.
42606/27/17
2532C Sonoma County Superior Court
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
The fact that the Board’s previous precedential decision articulated its legal conclusion on an issue presented by the case does not mean the Board has prejudged the merits of the case or denied the respondent due process. more or view all topics or full text.
42606/27/17
A466E Grossmont Union High School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
PERB Regulations create two possible tracks for representation cases. The first track leads to a formal hearing where, based on the evidentiary record, a party may appeal the proposed decision under PERB Regulation 32300. The second track leads to an administrative decision, without a formal hearing, evidentiary record, or proposed decision, that a party may appeal to the Board itself by filing an appeal pursuant to PERB Regulation 32360. Because PERB Regulation 32305, subdivision (b), applies only to cases “where exceptions are filed pursuant to Section 32300,” only the first type of case, i.e., one that produces a proposed decision, falls under subdivision (b). Consequently, PERB Regulation 32305, subdivision (c)’s prohibition on granting extensions of time applies only to cases where a proposed decision has been issued, not to cases that resulted in an administrative decision. (pp. 4-5) more or view all topics or full text.
431506/20/18
A433M County of Fresno
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Where objections to an election have been dismissed, only the objecting party may appeal the dismissal to the Board itself. Unlike other regulations governing appeals to the Board itself, PERB Regulation 33009(g) is worded narrowly and specifically and is not a general grant of appeal rights as is found, for example, in PERB Regulation 32300(a), pertaining to exceptions to proposed decisions after an administrative hearing; or in PERB Regulation 32360(a), governing appeals from administrative decisions other than election objections; or in PERB Regulation 32635, permitting appeals by a charging party of a dismissal of an unfair practice charge. The narrow wording of PERB Regulation 33009(g) furthers the public policy favoring rapid and expedient resolution of representation matters, and for that it will be construed narrowly. more or view all topics or full text.
02/29/16
A438E Pomona Unified School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
PERB Regulation 32130 governs the computation of time for filings. Subdivision (a) states that the period of time begins to run the day after the act or occurrence referenced. Subdivision (b) states that when the last day to file a document falls on a Saturday, Sunday or holiday, the time period is extended to the next regular PERB business day. Subsection (c) provides an additional five days to any filing made in response to documents served by mail. Because the initial due date included in the letter from the Appeals Assistant fell on a Saturday, because the letter was served on Charging Party by mail, and because the due date factoring in the 5-day extension also fell on a Saturday, Charging Party’s appeal was timely. more or view all topics or full text.
4019006/09/16
2453E Cabrillo Community College District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Under PERB Regulation 32635(b) a charging party may not present new charge allegations or new supporting evidence on appeal from a dismissal unless good cause is shown. The Board has generally found good cause to do so when the new allegations or supporting evidence could not have been discovered by the charging party through the exercise of reasonable diligence before the charge was dismissed. Both of the “dates” that charging party purports to have received these documents are ambiguous and charging party’s request does not explicitly state that these documents were received after the dismissal of his amended charge on May 19, 2015. Therefore, charging party has not met his burden of showing good cause to present either of these two documents as new evidence on appeal. Although charging party has established good cause to consider the July 26, 2015, the information lacks relevance to the issues before us, viz., motivation of the District for its adverse actions against charging party on and after November 6, 2012. more or view all topics or full text.
405709/17/15
A428E Children of Promise Preparatory Academy
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
When reviewing a Board agent’s determination to stay or conduct a decertification election, the proper inquiry on appeal is whether the Board agent abused his or her discretion. more or view all topics or full text.
402306/29/15
A426M Lassen County In-Home Supportive Services Public Authority
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
A request for a stay made pursuant to PERB Regulation 32370 will not be granted when the request is not accompanied by a justification for the request. more or view all topics or full text.
402006/25/15
2447E Los Angeles Unified School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Failure to request that a transcript of the formal hearing be transcribed provided no basis for charging party to question the ALJ’s factual findings. Therefore, pursuant to PERB Regulation 32300(a)(3), charging party’s exceptions to the ALJ’s factual findings were deficient. more or view all topics or full text.
404308/10/15
A418M Workforce Investment Board of Solano County
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
PERB Regulation 32360 prescribes the contents for an appeal from an administrative determination. Subdivision (c) provides that the appeal must be in writing and must state the specific issue(s) of procedures, fact, law or rationale that is appealed and state the grounds for the appeal. more or view all topics or full text.
396511/17/14
A401E Children of Promise Preparatory Academy
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Conclusory claims of prejudice, without pertinent facts or justification, fail to meet the requirements of PERB Regulation 32370. more or view all topics or full text.
386710/03/13
A416C San Bernardino Superior Court
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
PERB Regulation 32140(b) states that there are two methods by which a party agrees to accept electronic service of documents. The first method is by serving notice on all parties that it will accept electronic service of documents in that matter. more or view all topics or full text.
393508/26/14
A411M County of Santa Clara
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
PERB Regulation 32164(d) authorizes PERB to order joinder of a party if the party has an interest in the subject matter of the proceeding. more or view all topics or full text.
3815804/18/14
2441E Poway Unified School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Unlike an administrative decision that is final and effective upon issuance, a proposed decision only becomes final and effective if no exceptions are filed. Since exceptions were filed in this matter, the proposed decision does not become final and the proposed order does not go into effect. As such, a request for stay of activity is not proper. more or view all topics or full text.
403506/29/15
A400E Santa Maria-Bonita School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
An individual, determined by the administrative law judge to be an agent of the respondent in the unfair practice proceedings, was denied joinder where he requested joinder for the first time on appeal from an administrative decision denying him the right to file a statement of exceptions for lack of party status; to grant joinder would be to revive a proceeding that has already concluded, a result as problematic as “impeding” an ongoing proceeding, which is grounds for denial of joinder under PERB Regulation 32164. more or view all topics or full text.
381907/09/13
2277M Service Employees International Union, Local 221 (Gutierrez)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Charging party’s exception to proposed decision that it was prepared by the administrative law judge without the benefit of a transcript was rejected where charging party had the opportunity to request the transcript but failed to do so. more or view all topics or full text.
06/29/12
2204M Service Employees International Union, Local 1021 (Horan)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Unless good cause is shown, charging party may not present on appeal new charge allegations or new supporting evidence; where new allegations refer to events that predate the dismissal of the charge, and no good cause shown for charging party’s failure to provide these allegations to Board agent at the charge processing stage, Board declined to consider them on appeal. more or view all topics or full text.
365009/23/11
2255Ha Regents of the University of California (Irvine)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Pursuant to Board’s longstanding policy favoring voluntary settlement of disputes, it effectuates the purposes of HEERA to grant joint request for reconsideration to permit withdrawal of exceptions to the ALJ’s proposed decision. more or view all topics or full text.
06/28/12
A389E National School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Pursuant to PERB Regulation 32136, the Board may excuse a late filing for good cause. the Board has found good cause to exist when the explanation for the late filing was "reasonable and credible" and the delay did not cause prejudice to any party. Additionally, good cause is typically found when the late filing was caused by circumstances beyond the party's control. more or view all topics or full text.
351912/21/10
2197S State of California (Department of Personnel Administration/Department of Corrections and Rehabilitation)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
The Board retains the discretion to approve or disapprove a request to withdraw or dismiss a matter pending before the Board itself. more or view all topics or full text.
363308/22/11
A382S State of California (Department of Corrections and Rehabilitation)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Appeals Assistant properly rejected sealed exhibit that was not served on opposing party. Documents may not be filed under seal with PERB because no regulation allows such filing. Without service on opposing party, exhibit would have violated the prohibition against ex parte communications in PERB Regulation 32295. Filing party given 20 days to file exhibit in compliance with the service requirements in PERB Regulations 32300 and 32140. more or view all topics or full text.
344412/30/09
1998M Service Employees International Union, Local 1021 (Estival)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Raising an issue for the first time on appeal is precluded by PERB Regulation 32635(b), absent a showing of good cause to include a new charge or new supporting evidence on appeal. Charging party failed to demonstrate good cause. more or view all topics or full text.
332901/14/09
1985S State of California (Department of Personnel Administration)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
PERB Regulation section 32635(b) requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging party provided nothing to the Board indicating why it’s new allegation (i.e., that the State’s failure to achieve legislative approval of the last, best and final offer bars the State from ending the agency fee agreement) was not included in the underlying charge. more or view all topics or full text.
3216011/20/08
A373E Newport-Mesa Unified School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Charging party argued that he did not timely file an appeal of the dismissal of his charge because he was traveling out of “personal necessity.” He offered no further explanation or documentation to support or explain a delay of almost three months. The Board found his argument neither reasonable nor credible and denied his request to excuse his late-filed appeal. Charging party asserted, without further explanation, that “reasons of health” caused a delay in filing an appeal. The Board has held that a party must explain how an illness precluded timely filing, when arguing that a health-related reason delayed filing. Charging party did not satisfy this requirement. Therefore, Charging party did not demonstrate good cause to excuse his late-filed appeal. more or view all topics or full text.
327705/09/08
1777Ea King City Joint Union High School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
PERB Regulation 32410(a) provides, in part, that: “Any party to a decision of the Board itself may, because of extraordinary circumstances, file a request to reconsider the decision within 20 days following the date of service of the decision.” The joint request was filed well past the deadline to file a request for reconsideration. The Board found good cause to excuse the late filing in accordance with PERB Regulation 32136. Because of the unusual and extraordinarily dire nature of the circumstances resulting from the Board’s make-whole order and the fact that it took the parties nearly a year since the issuance of its original decision to discover these circumstances, the Board found good cause to excuse the late-filed joint request for reconsideration. Requests for reconsideration may only be granted under extraordinary circumstances. Consequently, the Board has strictly applied the limited grounds included in PERB Regulation 32410 to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided. Reconsideration based on newly discovered evidence is to allow the Board “to have access to evidence which was unavailable at the time of hearing which could affect the underlying determination.” In this case, the dire consequences on the District and its employees resulting from complying with the remedy in the Board’s original decision could not be ascertained by the parties at the outset. more or view all topics or full text.
316402/16/07
1858E California School Employees Association and Its Chapter 198 (Bruce)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Charging party failed to state a prima facie case that the Association violated its duty of fair representation. A charging party may not raise new allegations or present new supporting evidence on appeal without establishing good cause. Charging party articulated facts on appeal in an apparent effort to clarify her original charge, but she did not established good cause for this additional information to be considered. more or view all topics or full text.
31309/07/06
1826S State of California (Department of Corrections)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Board vacates decision 1579-S and adopts regional attorney’s ruling in that case. more or view all topics or full text.
308203/03/06
1805E Compton Unified School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
To raise an issue for the first time on appeal is a violation of PERB Regulation section 32635(b) which requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging Party demonstrated good cause because the evidence being presented didn’t exist at the time of the dismissal. more or view all topics or full text.
305001/05/06
1781E United Teachers of Los Angeles (Chambers)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
To raise an issue for the first time on appeal is a violation of PERB Regulation section 32635(b) which requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging Party included nothing indicating why the issue of reclassification of duties was not included in his underlying charge. more or view all topics or full text.
30610/27/05
1774M Service Employees International Union Local 790 (Paez)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Regulation 32635(b) prevents charging party to present new allegations or supporting evidence on appeal unless good cause is shown. more or view all topics or full text.
2915008/10/05
1769E American Federation of Teachers Local 1521 (Paige)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Paige did not demonstrate good cause for presenting new charge allegations and new supporting evidence on appeal. The appeal did not meet the specificity requirements of PERB Regulation 32635(a)(1). more or view all topics or full text.
2913906/10/05
1762S State of California (Department of Consumer Affairs)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
As required by PERB Regulation 32635, the appeal did not provide facts supporting its allegations that the Board agent did not properly investigate the charge, used ex parte communications with the State in rendering his decision and failed to determine whether the charge should be deferred to arbitration. more or view all topics or full text.
2912104/15/05
1743E Los Angeles County Office of Education
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Under PERB Regulation 32635(b), Cummings did not show good cause to present new evidence on appeal. The evidence predated the warning letter and so was known to Cummings before filing the appeal. In addition, Cummings was advised of the deficiencies in his charge but did not file an amended charge. more or view all topics or full text.
296001/26/05
1749S California State Employees Association (Chen)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Chen alleged new information on appeal but did not show good cause to raise this new supporting evidence as required by PERB Regulation 32635(b). Therefore, the Board did not consider this new information in rendering its decision. more or view all topics or full text.
297402/07/05
1750S California State Employees Association (Chen)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Chen did not show good cause to raise new details for the first time on appeal under PERB Regulation 32635(b). Chen was aware of these facts from CSEA’s response to the charge and the Board agent’s warning letter but neglected to file an amended charge. more or view all topics or full text.
297502/07/05
1708M County of Alameda
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Pursuant to PERB regulation 32635(b), Board declined to consider alleged Weingarten violation raised for the first time on appeal. more or view all topics or full text.
291211/16/04
1716E California School Employees Association and Its Chapter 183 (Richards)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
PERB Regulation 32635(b) requires a showing of good cause to present new supporting evidence on appeal. As Richards has not explained the need to raise new evidence at this time, and not in the charge or amended charge, he has not shown good cause to raise the new evidence on appeal more or view all topics or full text.
292211/30/04
1598M County of Solano (Human Resources Department)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Local 1280’s appeal did not comply with the requirements of PERB Regulation 32635, therefore the Board dismissed the appeal. more or view all topics or full text.
288202/19/04
1577Ma County of Riverside
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Board finds that employees retirement does not so impact the decision and order that the case is rendered moot because the central issue was the charging party’s right to grieve over promotions, not whether the individual employee could currently pursue her own grievance. more or view all topics or full text.
2811803/18/04
1655Ma Marin County Law Library
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Representative for charging party sanctioned for use of derogatory references to Board members and request for reconsideration void of any grounds for filing. representative ordered to pay costs and fees incurred by respondent in preparing response to request for reconsideration and refund fees collected from requesting party. more or view all topics or full text.
2824508/30/04
1566S State of California (Department of Parks and Recreation)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Board finds that when raising a violation for the first time on appeal there must be an identification of facts to support such violation. A charging party may not present new charge allegations or supporting evidence in an appeal unless good cause is shown. more or view all topics or full text.
283112/16/03
1567S State of California (Department of Mental Health)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Board finds that when raising a violation for the first time on appeal there must be an identification of facts to support such violation. A charging party may not present new charge allegations or supporting evidence in an appeal unless good cause is shown. more or view all topics or full text.
283212/16/03
A331M County of Monterey
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
In a consolidated case where exceptions were filed only as to one of the two cases, Board granted parties’ request to sever the case in which no exceptions were filed. more or view all topics or full text.
288902/25/04
1552E Los Angeles Unified School District * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
The Board declined to consider Bailey’s amended charge because, inter alia, it did not list the District on the proof of service and because it was filed several days late. more or view all topics or full text.
28710/21/03
1528E Fremont Unified School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Absent good cause, the Board will dismiss as without merit any initial exceptions filed by a prevailing party unless the Board’s ruling on the exceptions would change the outcome of the ALJ decision. One of the duties of the Board is to decide disputes on matters within its jurisdiction. (EERA sec. 3541.3.) However, this duty does not require the Board to correct harmless errors in a nonprecedential ALJ decision. more or view all topics or full text.
278605/28/03
1532E Los Angeles Unified School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
On appeal Board will not entertain party’s attempt to submit evidence in its brief that it failed to provide during investigation of the case. more or view all topics or full text.
279206/23/03
1515E Los Rios College Federation of Teachers, Local 2279 (Deglow)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Continual filing of similar charges on the same subject matter may result in the imposition of sanctions. Under EERA §§3541.3(i) and 3541.3(n), and Government Code §11455.30, PERB has jurisdiction to order a party to pay the other party’s reasonable expenses, including attorney’s fees, for the offending party’s bad faith actions or frivolous tactics. The Board may order sanctions only after it has ordered the offending party to cease and desist from filing frivolous charges over the same factual and legal issues previously addressed by the Board. Under PERB Regulation 32320, the Board on its own motion may order an offending party to cease and desist from filing cases over the same factual and legal issues previously addressed by the Board. more or view all topics or full text.
274204/03/03
1481E Berkeley Unified School District * * * OVERRULED by Sonoma County Superior Court (2015) PERB Decision No. 2409-C
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
New allegations or evidence will not be considered on appeal from dismissal of charge absent showing of good cause; Good cause not shown here where deficiency in allegations was identified by Board agent, charging party failed to cure deficiencies with new allegations prior to dismissal, and nothing indicates information was unavailable before dismissal. more or view all topics or full text.
263307105/15/02
1491Sa State of California (State Personnel Board)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
The Board denied SPB’s request for stay pending resolution of the appellate court proceedings because the issues before the appellate court differ from those before the Board. The appellate court’s ruling in the parties’ litigation may not resolve the Dills Act questions before the Board. Nothing in the injunctive relief ordered by the Sacramento Superior Court in Case No. 01CS00109 prohibits IUOE and DPA from continuing to pursue this unfair practice charge before the Board. SPB’s request for reconsideration automatically stays the proceedings pending the Board’s determination on reconsideration. more or view all topics or full text.
271711/12/02
1470H Trustees of the California State University
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
A charging party may not, without good cause, present new evidence or new allegations on appeal. more or view all topics or full text.
263301612/05/01
1512E Oakland Unified School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
On appeal from dismissal, Board refused to consider charging party’s amended charge where charging party failed to serve amended charge on respondent. more or view all topics or full text.
274503/25/03
1513E Service Employees International Union, Local 790 (Fanene)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
On appeal from dismissal, Board refused to consider charging party’s amended charge where charging party failed to serve amended charge on respondent. Board will not consider new allegations on appeal that were not raised before the Regional Attorney where no good cause shown. more or view all topics or full text.
274403/25/03
A317E Victor Valley Community College District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Board denied motion to transfer case pending before Board agent to the Board itself. Board found that allowing case to proceed through normal procedures is in best interest of EERA. more or view all topics or full text.
27310/30/02
A323M City of Carson
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
A stay of a Board agent’s order should be granted if, upon reversal of the Board agent’s ruling, the Board agent’s order becomes moot. On the facts of this case, a stay affects only one employee and prevents a loss of salary and benefits to that employee while the Board considers the City’s appeal. more or view all topics or full text.
276805/08/03

1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Function of judicial review requires that the grounds upon which an administrative agency proceeded be clearly disclosed and adequately supported. [220 Cal.App.3d at 355] Court sets aside Board decision as the record does not contain substantial evidence to support Board's finding that University violated HEERA by refusing to deliver union mail through its internal mail system. [220 Cal.App.3d at 362] A series of hypothetical and ambiguous findings reached at a preliminary stage of a superseded proceeding is not substantial evidence supporting the Board's finding. [220 Cal.App.3d at 361] more or view all topics or full text.
A288H Regents of the University of California and University of California Association of Interns and Residents (California Association of Interns and Residents)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Employer's request for stay of proceedings alleging that an internal union dispute creates issue of which faction represents the union in the proceedings is denied; p. 2. more or view all topics or full text.
222907003/24/98
A272E Los Angeles Unified School District (Robinson)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
An administrative appeal which fails to comply with PERB Regulation 32360(c) because it does not state the grounds for appeal will be dismissed; p. 4. more or view all topics or full text.
202703001/19/96
A273E United Teachers of Los Angeles (Robinson)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
An administrative appeal which fails to comply with PERB Regulation 32360(c) because it does not state the grounds for appeal will be dismissed; p. 4. more or view all topics or full text.
202703101/19/96
A256E Santa Ana Unified School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
The filings of any appeal of the ALJ's denial of the motion to defer to arbitration would not be complete before the hearing is scheduled to begin. Therefore, a stay of the hearing is appropriate since a hearing may be unnecessary should the Board reverse the ALJ's ruling; p. 2. more or view all topics or full text.
182507905/20/94
A257E Santa Ana Unified School District/Monterey Peninsula Unified School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
The Board has previously consolidated cases for decision on the basis of their identity of facts and similarity of issues; p. 2. Since PERB's decision on deferral to arbitration starts with consideration of the parties' collective bargaining agreement, an analysis of the language of each contract is necessary to resolve the cases proposed for consolidation. There is no showing that the language of one contract is related to or dependent on the other. Accordingly, it would be inappropriate to consolidate these cases; p. 2. more or view all topics or full text.
182510707/08/94
A235E Saddleback Community College District (Goffredo)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Board found that failure to serve party with papers twice was nonprejudicial as party was made aware of the filing and in the other instance filed a statement of opposition. more or view all topics or full text.
162316710/27/92
A237E Fremont Union High School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Hearing stayed pending Board's decision on appeal of denial of a motion to dismiss and defer to arbitration; pp. 1-2. more or view all topics or full text.
172402801/19/93
A227S State of California (Department of Corrections) (California Correctional Peace Officers Association)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Board stayed hearing pending Board's decision on appeal of a motion to dismiss and defer to arbitration; pp. 1-2. more or view all topics or full text.
162300812/16/91
A224E Gilroy Unified School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Board grants stay of new election ordered in administrative determination pending ruling on the merits of the appeal. more or view all topics or full text.
152217611/14/91
A219E Pasadena Area Community College District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Board will not consider allegations raised for the first time on appeal; p. 6. more or view all topics or full text.
152201412/17/90
A221S State of California (Department of Personnel Administration) (California State Employees Association)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
PERB Regulation 32380(a) does not preclude appeal involving the proper interpretation of a consent election agreement, especially when the election has proceeded and the ballots are ready to be counted; p. 14. more or view all topics or full text.
152210906/20/91
A211E San Jose-Evergreen Community College District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Board requested further briefing on issue raised after appeal filed to obtain a complete record in the interest of judicial economy. more or view all topics or full text.
142116408/24/90
A212E San Ramon Valley Unified School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Board stayed hearing pending Board's decision on appeal of a motion to dismiss and defer to arbitration; pp. 1-2. more or view all topics or full text.
142117309/10/90
A213E San Diego County Office of Education
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Board, on its own motion, orders a stay of a hearing pending resolution of an interlocutory appeal of a denial of a motion to defer to arbitration. more or view all topics or full text.
142118209/18/90
A207H Regents of the University of California (University of California, American Federation of Teachers)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Request for stay based upon PERB issuing complaint on factually related case denied; p. 1. more or view all topics or full text.
142111005/24/90
A194S State of California (Department of Personnel Administration) (California Union of Safety Employees)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Request for stay of activity in unit modification proceeding pending review of dismissl of unfair practice charge denied; p. 1. more or view all topics or full text.
132020409/21/89
A195S State of California (Department of General Services) (California Union of Safety Employees)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Request for stay of activity in unit modification proceeding pending review of dismissal of unfair practice charge denied; p. 1. more or view all topics or full text.
132020509/21/89
A196E Butte Community College District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Board remanded case to Sacramento Regional Director for the purpose of implementing a proposed settlement agreement, and held exceptions in abeyance pending request to withdraw, with prejudice; p. 2. more or view all topics or full text.
132020609/27/89
A173E Poway Unified School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
As withdrawal of appeal and request for stay was in the interest of the parties and served the purposes of EERA, Board dismissed appeal and ordered the Director of Representation to proceed with the tally of ballots; p. 2. more or view all topics or full text.
121912907/18/88
A176S State of California (Department of Personnel Administration) (California State Employees Association and California Union of Safety Employees)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Pursuant to PERB Regulation 32215, Board orders Regional Director to submit record to the Board itself for decision; p. 1. more or view all topics or full text.
12/01/88
A158Ea Alum Rock Union Elementary School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
While all members of the Board have the right to participate in any case before it, a party may not require participation by a full Board; p. 3. more or view all topics or full text.
111801812/30/86
A160S State of California (Department of Personnel Administration) (Crowley, et al.)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
By its own motion, Board stayed hearing pending the Board's decision in a related case before the Board on appeal from a regional attorney's dismissal; p. 1. more or view all topics or full text.
111800011/10/86
A160Sa State of California (Department of Personnel Administration) (Crowley, et al.)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Board lifted stay and consolidated two related cases; p. 1. more or view all topics or full text.
111803601/12/87
A072E Fresno Unified School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Reg. 32168 authorizes the Board to conduct hearings but transfer of a hearing to the Board must be initiated by the Board. Board will not transfer a hearing to itself unless case is unique. more or view all topics or full text.
31010007/19/79
A059S State Employer-Employee Relations Act - California State Employees Association, et al.
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Bench decision issued by Board; subsequent discussion and order memorializes that decision; p. 4. more or view all topics or full text.
31004003/05/79
A021E Riverside Community College District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Unfair practice hearing properly stayed pending unit decision in related representation matter; p. 1. more or view all topics or full text.
2201412/21/77
1202S State of California (State Teachers Retirement System (Ramirez and Roberts)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Regulation 32635(b) requires the charging party to show good cause for submitting new evidence and allegations for the first time on appeal, or it will not be considered by the Board; p. 2. more or view all topics or full text.
212810906/04/97
1189H Regents of the University of California (Woods, et al.)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Regs. 32635: Board refuses to consider documents presented for the first time on appeal where party fails to provide good cause why evidence could not have been presented during the Board agent's investigation; p. 2, fn. 3. more or view all topics or full text.
212806603/19/97
1178E Santa Clarita Community College District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Regs. 32635: Board refuses to consider document presented for the first time on appeal where party fails to provide good cause why evidence could not have been presented during Board agent's investigation; p. 2, fn. 2. more or view all topics or full text.
212801812/04/96
1120E Morgan Hill Unified School District (Caviglia)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
The requirements of Regulation 32635 are not satisfied by the restatement of claims previously dismissed. Failure to meet the regulation's requirements mandates dismissal of the appeal. more or view all topics or full text.
192614810/13/95
1100S State of California (Department of Corrections)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Nothing shall preclude any Board member from participating in any case pending before the Board; p. 16, fn. 8. more or view all topics or full text.
192609005/04/95
1069H Regents of the University of California (Chan)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Compliance with regulations governing appeals (32635) is required to afford the respondent and the Board with an adequate opportunity to address the issues raised, and noncompliance will warrant dismissal of the appeal; p. 2. more or view all topics or full text.
192602411/28/94
0951H California Faculty Association (Shvyrkov)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Board rejected charging party's argument that there were inconsistencies in the Board agent's dismissal. Board found the Board agent was attempting to cover all possible facts and conclusions by asserting alternative arguments; p. 4. more or view all topics or full text.
162314109/04/92
0953E California School Employees Association (Kotch)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Board addresses appeal where proof of service defective but no prejudice to opposing party; p. 2. more or view all topics or full text.
162316310/05/92
0897E Los Rios College Federation of Teachers, California Federation of Teachers/American Federation of Teachers/Local 2279 (Deglow, et al.)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
As allegations in the unfair practice charges are identical and the charging parties are similarly situated, the Board finds consolidation to be appropriate; p. 2. more or view all topics or full text.
152213708/29/91
0899E California School Employees Association (Gilligan)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Charging party failed to provide any information indicating the charges against the District and the Association were related by a similarity of facts or issues, or any other evidence in support of her consolidation request; pp. 2-3. more or view all topics or full text.
152213908/30/91
0875E Los Rios Community College District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
As allegations in unfair practice charges are identical and charging parties are similarly situated, Board found consolidation to be appropriate; p. 6. more or view all topics or full text.
152208105/14/91
0854E San Ramon Valley Unified School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
As Board affirmed ALJ's denial of association's motion to dismiss and defer the complaint to binding arbitration, Board dissolved its previous order for stay of hearing and ordered ALJ to schedule a hearing on the merits; p. 10. more or view all topics or full text.
152200212/07/90
1728E Oxnard Elementary School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Ybarra-Grosfeld did not show good cause to raise new allegations and evidence on appeal. more or view all topics or full text.
294212/21/04
1730E San Francisco Unified School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Charging party did not show good cause to raise new evidence on appeal under PERB Regulation 32635(b), i.e., that the July 1, 2003 grievance language did not evidence UESF’s knowledge of the unlawful effect of the transfer and it only learned of District’s EERA violation through the District’s December 30, 2003 response to the grievance. UESF was advised of the untimeliness of its charge through the District’s response to the charge and the Board agent’s warning letter. UESF did not file an amended charge and chose not to provide this information until its appeal. As the charge was filed on February 25, 2004, the Board deemed the charge to be untimely. UESF has similarly not demonstrated good cause to accept its new allegation raised for the first time on appeal that the charge and grievance cover different issues and so deferral to arbitration is not appropriate. more or view all topics or full text.
294612/27/04
0394S State of California (Department of Consumer Affairs)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Late amendment of charge not permitted as filing party offered no explanation for its tardiness; p. 2. more or view all topics or full text.
81514308/10/84
0360Ea Arcohe Union School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Name of newly certified employee organization inserted in order. more or view all topics or full text.
81509005/16/84
0209E Rialto Unified School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Motion by charging party to reopen record denied where Board found violation, evidence sought to be included is not crucial to the finding of unfair practice, and not necessary; p. 12. more or view all topics or full text.
61311304/30/82
0946Ea United Teachers-Los Angeles (Moszkowski)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Appearances as used in Board decisions describes all parties who have presented evidence to the Board for its consideration; p. 3. more or view all topics or full text.
162315309/11/92
0931S Association of California State Attorneys (Winston)
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
Pursuant to PERB Regulation 32365, Board did not consider facts raised for first time on appeal; p. 2. Board agent's statement to charging party that he "had one year to file" did not clearly refer to the filing of an unfair practice charge and did not excuse charging party's responsibility to timely file his unfair practice charge; p. 3. more or view all topics or full text.
162307205/14/92