All notes for Subtopic 1107.21000 – Administrative Appeals

DecisionDescriptionPERC Vol.PERC IndexDate
A513P North County Transit District
1107.21000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative Appeals
Under PERB Regulation 32730, the Board has discretion to issue a stay of activity. It is appropriate to issue a stay where further action would be rendered unnecessary if the Board reverses a Board agent’s ruling. more or view all topics or full text.
04/04/24
A502E Pasadena Area Community College District
1107.21000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative Appeals
Exclusive representative asked Board agent to certify an interlocutory appeal to the Board over whether the Board agent’s administrative determination (AD) erred in establishing a certain voter eligibility test for a decertification election. The unit consists of full-time (regular) faculty and part-time (temporary) faculty. Many part-time faculty work intermittently, meaning they work some terms but not others, or work for one term only. The AD concluded that faculty are eligible to vote if they worked during either the Fall 2022 or Spring 2023 terms. The exclusive representative filed an interlocutory appeal, arguing that this standard would enfranchise many part-time faculty who do not have a reasonable expectation of future employment. The Board agent certified the appeal to the Board pursuant to PERB Regulation 32200. The Board partially sustained the appeal, holding as follows. Regular faculty may vote if they are employed in the unit on the eligibility cutoff date and are still employed when they cast their ballots. Because the District’s part-time faculty are intermittent employees, they may vote if their work on behalf of the District includes serving in a unit position during two or more of the most recent six instructional terms, including at least one of the most recent three instructional terms. The Board overruled State of California (Department of Personnel Administration) and Association of Staff, Administrative and Financial Employees (1985) PERB Decision No. 532-S to the extent it can be read as requiring the Office of the General Counsel to apply the same eligibility standards at the proof of support stage and the election stage. (pp. 4-5, 14-15.) more or view all topics or full text.
481906/28/23
A502E Pasadena Area Community College District
1107.21000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative Appeals
An appeal from an administrative determination does not automatically stay further proceedings. (PERB Reg. 32370.) However, the parties’ agreement to hold the decertification election in the fall mooted any need to formally stay the election pending the Board’s decision. The Board noted that while it is sometimes feasible to hold an election even though there are disputes over voter eligibility, as parties can challenge disputed ballots, which can then be impounded and sealed, with challenges resolved after the fact only if they are potentially dispositive in number, such a path would have been ill advised here because a large portion of the eligibility list was in dispute. Large-scale confusion over global issues (including voter eligibility or unit configuration) will tend to impair employee free choice. (City of Bellflower (2020) PERB Order No. Ad-480-M, p. 12, fn. 12.) In such circumstances, it is typically better to resolve the global issue(s) before holding an election. (Ibid.) (p. 3 & fn. 4.) more or view all topics or full text.
481906/28/23
A496M County of Orange
1107.21000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative Appeals
The Board exercised its discretion to resolve charging party’s repugnancy claim rather than remanding it to the ALJ, because doing so promotes administrative efficiency. (Alliance Judy Ivie Burton Technology Academy High School, et al (2022) PERB Decision No. 2809, pp. 23-24 [Board may exercise discretion to promote efficiency by resolving issues at Board level in the first instance]; PERB Reg. 32661, subd. (d) [where charging party files repugnancy claim, the Board itself “may, at any time, direct that the record be submitted to the Board itself for decision”].) (p. 7.) more or view all topics or full text.
476610/06/22
A496M County of Orange
1107.21000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative Appeals
A Board agent’s decision to defer a charge to arbitration and place it in abeyance pending completion of such proceedings is an administrative decision appealable under PERB Regulation 32360. (County of Santa Clara (2020) PERB Order No. Ad-482-M, pp. 10-11.) In an appeal from an administrative decision, the appellant has the burden to show that the challenged decision is contrary to law. (County of Santa Clara (2021) PERB Order No. Ad-485-M, p. 6.) (p. 4.) more or view all topics or full text.
476610/06/22
A500E Pasadena Area Community College District
1107.21000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative Appeals
When appealing an administrative determination, an appellant must show that the challenged decision departs from the Board’s precedent or regulations. (City and County of San Francisco (2022) PERB Order No. Ad-497-M, p. 15.) (p. 6.) more or view all topics or full text.
4711501/11/23
A500E Pasadena Area Community College District
1107.21000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative Appeals
An appeal from an administrative determination does not automatically stay further proceedings. (PERB Reg. 32370.) Interlocutory appeals are a subset of administrative appeals involving controlling issues of law the resolution of which will materially advance case resolution. (PERB Reg. 32200.) For that reason, “in most cases it is appropriate for a Board agent certifying an interlocutory appeal to the Board itself to pause activity in the case pending the Board’s resolution of the issue(s) on appeal.” (Regents of the University of California (San Francisco) (2023) PERB Order No. Ad-499-H, p. 8.) (p. 5, fn. 5.) more or view all topics or full text.
4711501/11/23
A497M City and County of San Francisco
1107.21000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative Appeals
When appealing an administrative determination, the appellant must demonstrate how or why the challenged decision departs from the Board’s precedents or regulations. (Children of Promise Preparatory Academy (2018) PERB Order No. Ad-470, p. 4; Regents of the University of California (2016) PERB Order No. Ad 434-H, p. 8; County of Santa Clara (2014) PERB Order No. Ad-411-M, p. 5.) In representation matters the Board applies an abuse of discretion standard to review a Board agent’s decision whether to hold an evidentiary hearing. (p. 15.) more or view all topics or full text.
477410/17/22
A488E Los Angeles Unified School District
1107.21000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative Appeals
If a compliance investigation is conducted and a written administrative decision issued, it may be appealed to the Board. (p. 8, fn. 8.) more or view all topics or full text.
467710/12/21
A482M County of Santa Clara
1107.21000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative Appeals
Because pre-arbitration deferral has a substantial impact on the charging party’s subsequent ability to pursue the allegations in the charge, and to bring uniformity to PERB’s practice under the various statutes it administers, a Board agent’s decision to defer a charge to arbitration and place it in abeyance pending completion of arbitration proceedings is an administrative decision that may be appealed directly to the Board under PERB Regulation 32360. (pp. 8-11.)PERB Regulation 32380, by its plain language, contemplates that an administrative decision may constitute an interlocutory order. Thus, administrative decisions and interlocutory orders are not mutually exclusive. (pp. 6-7.)The Board accepted an administrative appeal, even though it failed to specifically identify any factual, procedural, or legal errors in the appealed administrative decision as required by PERB Regulation 32360(c), where the appellant’s claim that it had already filed a valid administrative appeal gave the Board adequate notice of the primary issue on appeal. (p. 6, fn. 8.) more or view all topics or full text.
455911/02/20
A481E Gompers Preparatory Academy
1107.21000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative Appeals
In resolving an appeal of an administrative decision on a request for an election stay, the Board reviews the decision for abuse of discretion. Under this standard, the Board determines whether the decision is supported by the allegations in the blocking charge. (p. 4.) more or view all topics or full text.
455410/22/20
A470E Children of Promise Preparatory Academy
1107.21000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative Appeals
In an appeal from an administrative determination, the appellant must demonstrate how or why the challenged decision departs from the Board’s precedents or regulations. The appeal also must state the specific issue(s) of procedure, fact, law or rationale that is appealed and state the grounds for the appeal. (p. 4; citing PERB Regulation 32360.) more or view all topics or full text.
438211/29/18
A470E Children of Promise Preparatory Academy
1107.21000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative Appeals
An appellant adequately provides notice of the issues on appeal by claiming the dismissal is not supported by the factual record. (pp. 4-5.) more or view all topics or full text.
438211/29/18