All notes for Subtopic 1406.00000 – In General
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2772Ma | County of Sonoma 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General “A case in controversy becomes moot when the essential nature of the complaint is lost because of some superseding act or acts of the parties.” [Citation.] “A charge that an employer’s unilateral change to a particular term or condition of employment was unlawful does not become moot merely because the parties reach agreement on that term or condition in subsequent negotiations. [Citation.] Only when the agreement clearly settles the issue of whether the respondent’s conduct was unlawful or explicitly waives the charging party’s right to pursue the charge will PERB find a case moot under these circumstances.” [Citation.] An actual dispute remains between the parties even if their subsequent agreement narrows the available relief. (p. 11.) more or view all topics or full text. | 47 | 127 | 02/28/23 |
| A468E | American Indian Model Schools 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General An appeal seeking an election will be dismissed as moot where PERB’s Office of General Counsel grants an intervening petition seeking an election. more or view all topics or full text. | 43 | 68 | 10/19/18 |
| 2524M | Salinas Valley Memorial Healthcare System 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General Unilateral change case was not rendered moot by the charging party’s disclaimer of interest in a bargaining order or restoration of the status quo ante. more or view all topics or full text. | 41 | 154 | 03/21/17 |
| 2431M | County of Santa Clara 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General The reversal or rescission of a unilateral change does not excuse or cure the alleged violation or otherwise render it moot where the respondent maintains that it has the right to repeat the complained-of conduct. more or view all topics or full text. | 39 | 181 | 06/10/15 |
| A419M | City and County of San Francisco 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General The MMBA and PERB’s regulations only condition factfinding on a declaration of impasse by one of the parties, and neither the MMBA nor PERB’s regulations provide for a factfinding request being mooted by subsequent negotiations. If a party believed subsequent negotiations mooted a factfinding request, it could withdraw its declaration of impasse. more or view all topics or full text. | 39 | 72 | 11/24/14 |
| 2210S | State of California (Department of Personnel Administration) 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General Request to place charge in abeyance pending decision of court of appeal is moot, where final decision has been issued. more or view all topics or full text. | 36 | 64 | 10/13/11 |
| 2132M | County of Riverside 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General Charge alleging unilateral change in overtime compensation policy was not moot even though the parties reached agreement on the subject of overtime compensation in a subsequent collective bargaining agreement. The agreement did not resolve whether the employer made an unlawful unilateral change nor did it waive the union’s right to pursue the charge. Even if the agreement resolved the issue prospectively, PERB could order a remedy for the 13 month period between the change and the effective date of the agreement. more or view all topics or full text. | 34 | 139 | 09/21/10 |
| 2041M | City and County of San Francisco 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General Rescinding an ordinance, the adoption of which was allegedly an unlawful unilateral change, does not make the issue moot because the later reversal or rescission of a unilateral action or subsequent negotiation on the subject of a unilateral action does not excuse a violation. more or view all topics or full text. | 33 | 120 | 06/29/09 |
| 2041M | City and County of San Francisco 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General Where the essential nature of the complaint is one party’s conduct during negotiations, the fact that the parties subsequently finalized an agreement does not render the matter moot. more or view all topics or full text. | 33 | 120 | 06/29/09 |
| 1943M | County of Sacramento 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General Rescinding the ordinance changing the eligibility requirements does not make the issue moot because the later reversal or rescission of a unilateral action or subsequent negotiation on the subject of a unilateral action does not excuse a violation. more or view all topics or full text. | 32 | 42 | 02/14/08 |
| A362M | State Bar of California 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General The administrative appeal was moot because the Board had already resolved the related unfair practice charge. more or view all topics or full text. | 31 | 97 | 05/10/07 |
| A364M | Town of Paradise 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General The administrative appeal was moot because the Board had already considered and issued its decision in the underlying case. more or view all topics or full text. | 31 | 110 | 06/05/07 |
| 1578H | California Nurses Association (O'Malley) 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General HEERA section 3587, as implemented by PERB Regulation 32135, provides the appropriate and only remedy for failure to make available CNA’s financial records, a petition to compel compliance. CNA provided the requested financial information to the Board, who in turn, forwarded them to O’Malley. That is all that is required under these provisions. Therefore, the issue is now moot. more or view all topics or full text. | 28 | 46 | 12/31/03 |
| 1577Ma | County of Riverside 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General Board finds that case not rendered moot though newly discovered evidence. Board finds that employees retirement does not so impact the decision and order that the case is rendered moot because the central issue was the charging party’s right to grieve over promotions, not whether the individual employee could currently pursue her own grievance. more or view all topics or full text. | 28 | 118 | 03/18/04 |
| 1479S | California State Employees Association (Hard, et al.) 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General Reduction of penalty to only a suspension that was already served does not render the case moot. The essential nature of the complaint has not been lost. The ruling clarifies a previous Board case; fn. 26. more or view all topics or full text. | 26 | 33065 | 05/02/02 |
| I007E | Compton Community College 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General Though a case may originally present an existing controversy, if, before a decision is reached, the controversy has dissipated and there is no longer an actual dispute, the case is rendered moot and may not be considered; p. 5. more or view all topics or full text. | 2 | 2193 | 10/03/78 |
| A201E | Kelseyville Unified School District 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General Withdrawal of the underlying petition for decertification rendered an appeal of the stay order moot; p. 2. more or view all topics or full text. | 14 | 21031 | 12/29/89 |
| A169E | Fontana Unified School District 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General As parties entered into a consent election agreement and an election was held, Board dismissed decertification petition as moot; p. 4. more or view all topics or full text. | 12 | 19106 | 06/20/88 |
| A121E | Placerville Union School District 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General Appeal of Board agent's finding of a state of impasse between parties is rendered moot by subsequent events. Both parties agree that state of impasse existed as of November 16, 1981. Therefore if is unnecessary to resolve employer's challenge to Board agent's finding that impasse existed on November 3. more or view all topics or full text. | 6 | 13016 | 12/22/81 |
| A080E | Franklin-McKinley School District 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General Employee organization's appeal of regional director's refusal to conduct representation election subject to ballot challenge by employer is moot and therefore dismissed where employer's exceptions to underlying unit determinations have been resolved by Board and no remaining question exists as to appropriate unit; p. 2. more or view all topics or full text. | 3 | 10143 | 10/26/79 |
| A036E | Richland Elementary School District 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General Administrative appeal from a determination that exceptions to a hearing officer's proposed decision were untimely filed is moot. Despite the late filing, the Board has considered and disposed of the underlying issue. The challenge to the dismissal for late filing is therefore moot. more or view all topics or full text. | 2 | 2121 | 05/30/78 |
| A439S | Service Employees International Union, Local 1000 (Mykles) 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General An exclusive representative appealed from an administrative determination that it had not complied with the time limits set forth in PERB regulations for filing its opposition to an appeal from dismissal of an unfair practice charge brought by an employee against the representative. Because charging party’s appeal from the dismissal of his unfair practice charge was addressed in a non-precedential decision, the Board issued a separate, precedential decision summarily denying the representative’s appeal from an administrative determination as moot. more or view all topics or full text. | 41 | 2 | 06/16/16 |
| 0375E | Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General Mere execution of collective bargaining agreement subsequent to a hearing does not lead to a conclusion that the parties intended in that agreement to resolve the dispute. Agreement must show clear and unmistakable waiver of right to proceed on charge to warrant finding of mootness; p. 107. more or view all topics or full text. | 8 | 15021 | 01/05/84 |
| 0337E | Kern Community College District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General * * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *Refusal to bargain effects of layoff not rendered moot by parties' negotiations on reopener provisions. more or view all topics or full text. | 7 | 14229 | 08/19/83 |
| 0282E | Napa County Office of Education 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General Subsequent filing of unit modification petition, inconsistent with position in prior unfair practice charge, and resolution of the employee placement issue through modification proceeding, effectively rendered unfair practice charge moot; p. 5. more or view all topics or full text. | 7 | 14067 | 02/14/83 |
| 0280Ea | California School Employees Association-Chapter 381 (Parisot) 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General Case is not moot when any material question concerning an alleged violation of charging party's rights remains to be answered; p. 3. more or view all topics or full text. | 7 | 14108 | 03/24/83 |
| 0161E | Marin Community College District 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General Appeal from dismissal of unfair practice charge denied as moot. Original charge concerned employer's alleged refusal to allow charging party to represent its members as a nonexclusive representative. While appeal was pending, charging party become exclusive representative. Original action now irrelevant because employer has duty to meet and negotiate with charging party. more or view all topics or full text. | 5 | 12041 | 04/03/81 |
| 0159Sb | State of California (Department of Transportation) (State Trial Attorneys Association) 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General An issue before the Board becomes moot when the essential nature of the complaint is lost due to some superseding conduct of the parties. Thus, an employer's decision to permit certain employees to receive mail at their work addresses did not moot dispute over whether or not the employer could deny union the right to use its internal mail system. more or view all topics or full text. | 5 | 12068 | 07/07/81 |
| 0156E | Fresno Unified School District 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General Appeal from dismissal of unfair practice charge not permitted where charging party agrees with dismissal and asks that it be affirmed in all of its particulars. No justiciable controversy in this circumstance. more or view all topics or full text. | 5 | 12013 | 12/31/80 |
| 0150Ea | Los Angeles Community College District (Watts) 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General Public notice complaint involving limit on time for speakers at public meeting is not moot even though related issues decided in other Board cases involving same parties. The issue was not previously decided and complainant is entitled to raise it through amended complaint. more or view all topics or full text. | 5 | 12049 | 04/29/81 |
| 0126E | Oakland Unified School District 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General Case against District for unilateral change is not rendered moot because the parties negotiated an agreement which did not expressly reserve the parties' right to file charges over the negotiating process; pp. 3-5. more or view all topics or full text. | 4 | 11072 | 04/23/80 |
| 0074E | Amador Valley Joint Union High School District 1406.01000: GENERAL LEGAL PRINCIPLES; MOOTNESS; In General A case becomes moot when the essential nature of the complaint is lost because of some superseding act of the parties; mere discontinuance of wrongful conduct not enough--there must be evidence that the party acting wrongfully has lost its power to renew its conduct; in cases clarifying parties rights and obligations under a new law, the public interest is served by deciding the underlying issue; if any material question remains to be answered, the case is not moot; pp. 5-6. more or view all topics or full text. | 2 | 2192 | 10/02/78 |