All notes for Subtopic 1400.01300 – Ratification
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2905M | Consolidated Irrigation District 1400.01300: GENERAL LEGAL PRINCIPLES; AGENCY; Ratification To find that a principal ratified the acts of another, thereby establishing agency after the fact, it must be shown that the principal knew or was on constructive notice of the agent’s conduct and failed to disavow that conduct. (Civ. Code, § 2310; Alliance Marc & Eva Stern Math & Science High School et al. (2021) PERB Decision No. 2795, pp. 51-52; Chula Vista Elementary School District (2004) PERB Decision No. 1647, p. 8; Compton Unified School District (2003) PERB Decision No. 1518, p. 5.) The Board concluded that OE3 did not meet its evidentiary burden to prove the District ratified its employee’s actions. The employee solicited signatures on the District yard, in the open, before and after work, where he could have been seen by management. However, as the Board explained, OE3 did not demonstrate that any District managers knew that the employee was collecting signatures in the yard. The only District manager to testify at hearing never observed the employee soliciting signatures for the decertification petition. Moreover, OE3 failed to show that any District managers had constructive notice of the employee’s involvement in the decertification petition by virtue of the mechanic shop and yard being located within view from the office. The prospect that “a manager could have seen” the employee soliciting signatures in the yard, as OE3 argues, without more, did not serve as constructive notice to the District. (pp. 24-25.) 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. 1400.01300: GENERAL LEGAL PRINCIPLES; AGENCY; Ratification The Board found agency by ratification when a charter school management organization sent four e-mails about a union’s organizing campaign to an all staff e-mail group at individual charter schools, and the schools’ administrators’ had constructive knowledge of the e-mails and failed to disavow them. (p. 51.) more or view all topics or full text. | 46 | 82 | 11/03/21 |