All notes for Subtopic 1400.01100 – Actual Authority
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2905M | Consolidated Irrigation District 1400.01100: GENERAL LEGAL PRINCIPLES; AGENCY; Actual Authority Actual agency exists “when the agent is really employed by the principal.” (Civ. Code, § 2299.) “Actual authority is such as a principal intentionally confers upon the agent, or intentionally, or by want of ordinary care, allows the agent to believe himself to possess.” (Id., § 2316.) Because an actual agent is employed by the principal, the primary inquiry in assessing actual authority is whether the agent was acting within the scope of his or her authority. (City of San Diego (2015) PERB Decision No. 2464-M, p. 15; Inglewood Unified School District (1990) PERB Decision No. 792, p. 19; Vista Verde Farms v. Agricultural Labor Relations Bd. (1981) 29 Cal.3d 307, 312.) The Board concluded that OE3 failed to establish a District employee acted with actual authority when he solicited signatures in support of a decertification petition as there was no evidence in the record that the District conferred actual authority upon the employee to act on the District’s behalf or allowed the employee to believe he possessed such authority. (pp. 22-23.) more or view all topics or full text. | 06/24/24 | ||
| 2795E | * * * JUDICIAL APPEAL PENDING * * * Alliance Marc & Eva Stern Math & Science High School et al. 1400.01100: GENERAL LEGAL PRINCIPLES; AGENCY; Actual Authority The agreements between the charter school management organization and each of the charter schools expressly state the charter school management organization will provide each charter school with human resources and employee relations services. Also, the charter renewal petitions submitted by each charter school to the school district’s board state that the charter school management organization provides oversight and monitors the charter schools’ board of directors adherence to EERA, and charter school management organization’s director of human resources must have advanced education or technical experience in labor relations. The Board found that these facts establish the charter school management organization acted as the charter schools’ actual agent regarding labor relations and human resources matters. Thus, sending e-mails to certificated employees about a union’s organizing campaign was within the scope of the charter school management organization’s actual authority under the agreements. (p. 47.) more or view all topics or full text. | 46 | 82 | 11/03/21 |
| 2795E | * * * JUDICIAL APPEAL PENDING * * * Alliance Marc & Eva Stern Math & Science High School et al. 1400.01100: GENERAL LEGAL PRINCIPLES; AGENCY; Actual Authority School principals and assistant principals were actual agents of the school district that employs them when they acted within the scope of their employment by communicating with certificated employees at their respective schools about the union’s organizing campaign. (pp. 45-46.) more or view all topics or full text. | 46 | 82 | 11/03/21 |
| 2795E | * * * JUDICIAL APPEAL PENDING * * * Alliance Marc & Eva Stern Math & Science High School et al. 1400.01100: GENERAL LEGAL PRINCIPLES; AGENCY; Actual Authority Actual agency exists when the agent is really employed by the principal. Actual authority is that authority which a principal intentionally confers upon the agent, or intentionally, or by want of ordinary care, allows the agent to believe himself to possess. An agent’s authority includes the degree of discretion necessary for the agent to carry out the purposes of the agency in accordance with the interests of the principal. Because an actual agent is employed by the principal, the primary inquiry in assessing actual authority is whether the agent was acting within the scope of his or her authority. (p. 45.) more or view all topics or full text. | 46 | 82 | 11/03/21 |
| 2795E | * * * JUDICIAL APPEAL PENDING * * * Alliance Marc & Eva Stern Math & Science High School et al. 1400.01100: GENERAL LEGAL PRINCIPLES; AGENCY; Actual Authority 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 |