All notes for Subtopic 1400.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
2464M City of San Diego * * * Decision upheld on appeal to the California Supreme Court (8/2/2018); limited review of remedial order on remand. * * *
1400.1000: 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.
4010812/29/15
2164M West Contra Costa County Healthcare District
1400.1000: 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.
354502/24/11
2021E Alvord Unified School District
1400.1000: 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.
337604/30/09
1647E Chula Vista Elementary School District
1400.1000: 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.
2818406/23/04
1573H American Arbitration Association (O'Malley)
1400.1000: 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.
284012/30/03
1518E Compton Unified School District
1400.1000: 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.
275604/18/03
1459S State of California
1400.1000: 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.
253210808/29/01

1400.1000: GENERAL LEGAL PRINCIPLES; AGENCY; In General
Tort doctrine of respondent superior should not be applied in the labor law context making it automatic that a public school district would be liable for all unfair practices committed by its agents. [227 Cal.App.3d at 779] Existence of agency to be determined on a case-by-case approach on the basis of whether the employees could reasonably believe that the supervisor was acting within the scope of his or her employment when the supervisor committed an unfair labor practice. [227 Cal.App.3d at 780] Actual authority is that which a principal intentionally confers upon the agent, or intentionally, or by want of ordinary care, allows the agent to believe himself to possess. [227 Cal.App.3d at 781] Ostensible or apparent authority is that which a principal intentionally, or by want of ordinary care, causes or allows a third Ostensible or apparent authority is that which a principal intentionally, or by want of ordinary care, causes or allows a third standard for determining agency is based on contract law as expressed by Member Gonzales in Antelope Valley CCD (1979) PERB Decision No. 97 (case-by-case approach). [227 Cal.App.3d at 776-777] more or view all topics or full text.
0097E Antelope Valley Community College District
1400.1000: 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.
31009807/18/79
0044E Mt. Diablo Unified School District/Santa Ana Unified School District/Capistrano Unified School District
1400.1000: 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.
2202412/30/77
0073E Santa Ana Unified School District (Lubnau)
1400.1000: 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.
2220109/25/78