All notes for Subtopic 1400.01200 – Apparent Authority
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2795E | * * * JUDICIAL APPEAL PENDING * * * Alliance Marc & Eva Stern Math & Science High School et al. 1400.01200: GENERAL LEGAL PRINCIPLES; AGENCY; Apparent Authority The test for apparent authority is an objective inquiry and is best framed as whether under the circumstances a reasonable employee would believe the alleged agent was reflecting company policy and speaking and acting for management. The Board found that the charter schools’ principals and assistant principals acted as agents of their respective schools when they sent e-mails to certificated employees at their schools. Principals and assistant principals are the highest-ranking administrators at a school site, and they directly supervise certificated staff at their respective schools. The e-mails were sent via each school’s e-mail system by a principal or assistant principal and discussed ongoing labor issues at the school related to the union’s organizing campaign. Under these circumstances, a reasonable employee would perceive that the e-mails represented the official view of the school. Thus, in using work e-mail addresses to communicate with their subordinates about a labor matter, the principals and assistant principals had both actual and apparent authority to act in an employer capacity. (pp. 48-50.) 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. 1400.01200: GENERAL LEGAL PRINCIPLES; AGENCY; Apparent Authority Apparent authority is such as a principal, intentionally or by want of ordinary care, causes or allows a third person to believe the agent to possess. PERB and the courts have held that apparent authority to act on behalf of the employer may be found where the manifestations of the employer create a reasonable basis for employees to believe that the employer has authorized the alleged agent to perform the act in question. (p. 47.) more or view all topics or full text. | 46 | 82 | 11/03/21 |