All notes for Subtopic 1400.01000 – In General
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 1742M | Contra Costa County Health Services Department 1400.01000: GENERAL LEGAL PRINCIPLES; AGENCY; In General To establish an agency relationship between an employee and the employer, the Board has held that a charging party must allege facts which show that the employee was acting with some direction, instigation, approval or ratification by the employer. (Compton Community College District (1987) PERB Decision No. 649; Inglewood Unified School District (1990) PERB Decision No. 792.) In Moreland Elementary School District (1982) PERB Decision No. 227, the Board stated that nonsupervisory employees would not be found agents absent evidence that such employees were informants or were in some other manner serving as agents or representatives of the employer. Herein, the charge fails to present any facts demonstrating a fellow charge nurse was acting as an informant for management; moreover, she was not a supervisor nor did she serve as charging party’s supervisory in any capacity. As such, this allegation fails to state a prima facie case. (adopting warning letter at p. 3, adopting dismissal letter at p. 2.) more or view all topics or full text. | 29 | 65 | 01/26/05 |
| 2795E | * * * JUDICIAL APPEAL PENDING * * * Alliance Marc & Eva Stern Math & Science High School et al. 1400.01000: GENERAL LEGAL PRINCIPLES; AGENCY; In General Agency may be established by showing: (1) the purported agent had actual authority to act on behalf of the employer; (2) the purported agent had apparent authority to act on behalf of the employer; or (3) the employer ratified the purported agent’s conduct. (pp. 43-44.) more or view all topics or full text. | 46 | 82 | 11/03/21 |
| 2716E | Alliance College-Ready Public Schools, et al. 1400.01000: GENERAL LEGAL PRINCIPLES; AGENCY; In General Record evidence contained a management services agreement that imbued a charter management organization (CMO) with sufficient authority to establish that it was acting as charter schools’ agent during antiunion campaign. (Pages 24-26.) more or view all topics or full text. | 44 | 177 | 05/18/20 |
| 2464M | City of San Diego * * * Affirmed, 5 Cal.5th 898 (2018). Remedy modified by City of San Diego (2019) PERB Decision No. 2464a-M * * * 1400.01000: GENERAL LEGAL PRINCIPLES; AGENCY; In General An employer’s high-ranking officials, particularly those whose duties include employee or labor relations or collective bargaining matters, are generally presumed to speak and act on behalf of the employer, such that their words and conduct may be used to impute liability in unfair practice cases against the employer. more or view all topics or full text. | 40 | 108 | 12/29/15 |
| 2164M | West Contra Costa County Healthcare District 1400.01000: GENERAL LEGAL PRINCIPLES; AGENCY; In General Apparent authority requires a showing of facts to indicate that the actions of the employer created a reasonable basis for employees to believe that employer authorized employee to act on its behalf in circulating a petition seeking to restrict union’s access to bargaining unit employees. more or view all topics or full text. | 35 | 45 | 02/24/11 |
| 2021E | Alvord Unified School District 1400.01000: GENERAL LEGAL PRINCIPLES; AGENCY; In General Unfair practice charge of reprisal failed to establish employer knowledge of protected activity. The presence of a District supervisor at meetings where charging party engaged in protected activity was not sufficient to establish employer knowledge, where the supervisor was present in her capacity as a representative for the union and the charge failed to provide evidence to establish that the individual was an agent or representative of the District. more or view all topics or full text. | 33 | 76 | 04/30/09 |
| 1647E | Chula Vista Elementary School District 1400.01000: GENERAL LEGAL PRINCIPLES; AGENCY; In General The MCS principal is an agent of the District; he had both actual authority and apparent authority to engage in the unlawful conduct. “Actual authority” is that which an employer intentionally confers upon the agent, or intentionally or negligently allows the agent to believe himself or herself to possess. “Apparent authority” may be found where an employer reasonably allows employees to perceive that it has authorized the agent to engage in the conduct in question. more or view all topics or full text. | 28 | 184 | 06/23/04 |
| 1573H | American Arbitration Association (O'Malley) 1400.01000: GENERAL LEGAL PRINCIPLES; AGENCY; In General Board finds that AAA is not an agent of the exclusive representative simply because it was selected and paid by the representative to conduct an arbitration hearing. AAA was not hired to represent employees with higher education employers regarding terms and conditions of employment. more or view all topics or full text. | 28 | 40 | 12/30/03 |
| 1518E | Compton Unified School District 1400.01000: GENERAL LEGAL PRINCIPLES; AGENCY; In General Although employee was not an actual agent of the employer, employee acted with ostensible or apparent authority when she entered a union meeting and warned all new teachers to leave. Employer accepted responsibility for employee’s actions by refusing to disavow or repudiate employee’s actions when they become known. more or view all topics or full text. | 27 | 56 | 04/18/03 |
| 1459S | State of California 1400.01000: GENERAL LEGAL PRINCIPLES; AGENCY; In General Party seeking to establish agency bears burden of establishing it by a preponderance of the evidence. Attorneys representing the State in a lawsuit brought by charging party were not shown to be supervisors; p. 6. more or view all topics or full text. | 25 | 32108 | 08/29/01 |
| 0097E | Antelope Valley Community College District 1400.01000: GENERAL LEGAL PRINCIPLES; AGENCY; In General Agency found where the District designated particular employees supervisory, it cooperated with those employees attempts to organize classified employees by allowing the use of District facilities, it remained silent during the organizing and created impression that the supervisors spoke with District authority; pp. 9-16. more or view all topics or full text. | 3 | 10098 | 07/18/79 |
| 0044E | Mt. Diablo Unified School District/Santa Ana Unified School District/Capistrano Unified School District 1400.01000: GENERAL LEGAL PRINCIPLES; AGENCY; In General In determining whether an individual is a representative or an employee organization for purposes of presenting a grievance, common law principles of agency shall govern. Incidental membership in an employee organization without proof that employee is acting on behalf of the employee organization does not disqualify that individual from representing another employee in a grievance proceeding. more or view all topics or full text. | 2 | 2024 | 12/30/77 |
| 0073E | Santa Ana Unified School District (Lubnau) 1400.01000: GENERAL LEGAL PRINCIPLES; AGENCY; In General Where grievant's representative used union stationary and identified himself as a rep. of that non-exclusive rep., he acted as a special agent of the union (Civil Code sec. 2997) and, therefore, employer properly disallowed grievant to use that rep. (see sec. 3543.1(a)); pp. 6-7, proposed dec.. more or view all topics or full text. | 2 | 2201 | 09/25/78 |