All notes for Subtopic 1502.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
2273E Standard School District
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
Under the Gavilan “knew or should have known” standard, the statute of limitations for a charge alleging a violation of the public notice provisions of EERA begins to run either upon publication of a public notice or a meeting at which bargaining proposals will be sunshined or at the public meeting itself. Thus, if the charge alleges that the notice itself was defective, the statute of limitations begins to run upon publication of the notice. If the charge alleges that the notice itself was proper but the proposals sunshined at the meeting failed to comply with the provisions of EERA section 3547, the limitations period begins to run on the date of the meeting where the proposals were presented to the public. For the continuing violation doctrine to apply, the conduct alleged during the limitations period must be of the same type as that alleged outside the limitations period and must stand on its own as an unfair practice. Doctrine inapplicable to alleged refusal to negotiate over proposals sunshined at public meeting, where allegations did not state an independent unfair practice and conduct in seeking to negotiate is not of the same type as alleged violation of public notice requirements of EERA section 3547. Alleged adoption of initial proposals at public meeting did not revive earlier allegation that notice provided previously failed to comply with requirements of section 3547. more or view all topics or full text.
06/22/12
1401E Riverside County Office Teachers Association (Mc Alpine, et al.)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
It was unclear how a provision in the agreement which set up an advisory committee whose goal was to recommend salary adjustments violated the EERA, or demonstrated bad faith on the part of the Association. Even assuming the provision somehow extended the duration of the agreement beyond three years, the Association's failure to publicly notice this clause was not properly adjudicated as an unfair practice charge. As such, the allegation failed to demonstrate the Association breached its duty of fair representation; pp. 3-4 dismissal letter. more or view all topics or full text.
243114408/31/00
A162E Los Angeles Unified School District (Watts)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
Board dismissed public notice complaint based on District's willingness to voluntarily comply. Such compliance eliminated delay and minimized any consequence of the District's earlier failure to comply with EERA section 3547; p. 6. more or view all topics or full text.
111804702/05/87
A091E Los Angeles Community College District (Watts)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
Public notice complaint alleging violation of EERA section 3547(b) properly dismissed where complainant alleges no facts indicating that the five minute time limit imposed on individual speakers at public meetings provided inadequate time for meaningful debate of negotiating proposals; p. 2. Indication of voluntary compliance supports dismissal of public notice complaint pursuant to PERB Regulation 37060 where public school employer alleged to have violated EERA section 3547(a) by incorrectly identifying an initial proposal on its agenda; pp. 3-4 regional director's dismissal. EERA section 3547(e) refers solely to the authority of the PERB to adopt regulations and not to the right of the public to be heard; not proper to allege violation 3547(e) where issue is public right to comment on initial proposals; p. 5, regional director's dismissal. proper to allege violation 3547(e) where issue is public right to comment on initial proposals; p. 5, regional director's dismissal. more or view all topics or full text.
41110306/16/80
1044E Los Angeles Unified School District (Watts)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
EERA sets forth no requirements regarding the time or type of meeting (regular or special) that must be held to satisfy public notice provisions; the meeting need only be open to the public; pp. 6-7, dismissal letter. District's failure to comply with local public notice policy does not state a prima facie violation of EERA; p. 7, dismissal letter. more or view all topics or full text.
182506704/19/94
1013E Los Angeles Unified School District (Watts)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
Nothing in section 3547 requires school districts to have a local public notice complaint resolution procedure, nor does it define how a school board's local policy shall be regulated. PERB however, may entertain a complaint and intercede if the locally adopted rules facially conflict with the law and if the application of such rule deprives the public of their statutory rights. No evidence produced to support such an assertion in this case; p. 8, admin. determination. more or view all topics or full text.
172415209/09/93
1018E United Teachers of Los Angeles (Watts)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
Appeal based on Board agent's failure to request input denied because "expert" complaintant not in need of technical assistance. more or view all topics or full text.
172416910/20/93
1008E California School Employees Association (Watts)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
Reg. 32635 requirement that unless good cause is shown, a party may not raise on appeal new charge allegations or new supporting evidence is extended to appeals of dismissals of public notice complaints. more or view all topics or full text.
172413508/09/93
0964E Los Angeles Unified School District (Watts)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
The purpose of EERA's public notice requirement is to allow the public the opportunity to be informed of the issues which are to be negotiated; p. 5. The Board must decide whether the district's initial proposal adequately informed the public. It is not essential to evaluate what any individual knew in addressing this question; p. 7. The Board took note of the parties' use of the interest-based approach to bargaining, concluding that while this approach may hold many advantages, public school employers and exclusive representatives must continue to insure that its use does not fail to fully inform the public of the issues to be negotiated; p. 9. more or view all topics or full text.
172402112/08/92
0908E Los Angeles Community College District (Watts)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
Dismissal of public notice complaint after an answer is filed or informal conference is held does not constitute reversible error in the absence of showing that the complaint alleged a prima facie violation; p. 14. Even if district orally noticed the amended initial proposal, the requirements of EERA section 3547 are still satisfied; p. 15. EERA section 3547 does not prescribe an exact order for the presentation and adoption of proposals; p. 12. more or view all topics or full text.
152216910/24/91
0863E Service Employees International Union (Watts)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
Initial proposal may be presented at public meeting by employee organization which has not yet complied with recognition requirements of EERA section 3544 et seq.; nothing in public notice provisions prohibits this conduct; p. 2. As complainant received necessary technical assistance during investigation, argument that he did not receive assistance required by PERB Regulation 32920 is without merit. more or view all topics or full text.
152202012/28/90
0852E Los Angeles Unified School District (Watts)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
Initial proposal may be presented at public meeting by employee organization which has not yet complied with recognition requirements of EERA section 3544 et seq.; nothing in public notice provisions prohibits this conduct; pp. 5-6. Reasonable time elapsed for discussion of initial proposal where two weeks allowed for public comment; p. 4. Propriety of district's recognition of employee organization not properly addressable in public notice complaint; p. 5. more or view all topics or full text.
142122011/28/90
0830E South San Francisco Unified School District
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
The Board has no authority in unfair practice proceeding to render decision concerning an alleged violation of the pubic notice requirements. Public notice complaints must be filed in accordance with the regulations governing them (PERB Regulations 32900 - 32960); p. 3. While Board may be without authority to find violation of EERA section 3547(d) in unfair practice proceedings, the Board may consider compliance with public notice requirements to be a factor which may be considered in evaluating whether party has been acting in good faith during the negotiations process. Here, the District failed to specifically allege that failure to comply with public notice requirements constituted a failure to participate in good faith in impasse procedures; pp. 3-4. impasse procedures; pp. 3-4. more or view all topics or full text.
142115107/26/90
0799H California State University (California Faculty Association)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
Public notice complaints may not be adjudicated in the context of unfair practice proceedings, but compliance with public notice requirements is a factor that may be considered in evaluating bargaining conduct; p. 32, proposed dec. more or view all topics or full text.
142107203/28/90
0489E Los Angeles Community College District
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
Union's oral clarification of nonspecific salary proposed at public meeting constituted sufficient notice to the public as required by section 3547(a). more or view all topics or full text.
91609102/28/85
0490E Los Angeles City and County School Employees Union, Local 99, Service Employees International Union, AFL-CIO (Watts)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
Union's oral clarification of nonspecific salary proposed at public meeting constituted sufficient notice to the public as required by section 3547(a). more or view all topics or full text.
91609202/28/85
0477H California State University (Watts)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
HEERA does not require the public response meeting to be on same campus as initial employer response meeting; pp. 7-8, regional attorney letter. more or view all topics or full text.
91605412/31/84
0456H California State University (Watts)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
PERB has no jurisdiction to determine accusation that higher education employer violated State public meeting law. R.D. dismissal upheld. more or view all topics or full text.
91602312/10/84
0397E Los Angeles Unified School District (Watts)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
Mere allegations that method of sunshining classified employee organization proposals differs from certificated employee organization proposals does not state prima facie case in absence that method is legally deficient; p. 6. more or view all topics or full text.
81514708/16/84
0388E Los Angeles Community College District (Watts)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
Public notice provisions must be implemented at a public meeting and are not satisfied by providing for communications in writing or through a representative; p. 8. Failure to observe a rule regarding the reading of motions does not invalidate the action so long as the board members had knowledge of the scope and terms of the motion before they cast their votes and no one was prejudiced by a failure to read the motion in full. more or view all topics or full text.
81511706/29/84
0335E Los Angeles Unified School District
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
Complaint of violation of local district rules is not determinative. Board must determine whether statutory public notice provisions have been violated. If local rules facially conflict or deprive statutory rights, Board will act. Violation of local rules that are requirements above those minimally required by EERA, unless they cause harm, are not EERA violations. more or view all topics or full text.
71422708/18/83
0326E Oakland Unified School District
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
Employer and employee organization cannot agree to waive sunshine obligations; p. 40. more or view all topics or full text.
71419507/11/83
0186E Los Angeles Community College District (Watts)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
Public notice complaint did not state a prima facie case where it alleged "(1) a five-minute time allotment per speaker was insufficient to address negotiation proposals; (2) addressing six proposals on a single agenda was burdensome and prevented complainant from expressing himself on the issues; and (3) the Los Angeles Community College District never made public a board of trustees vote on a negotiation proposal. Board regulations allow for agents to provide technical assistance, not legal representation or interpretations of law to complainants. more or view all topics or full text.
61300812/15/81
0181E Los Angeles Unified School District (Watts)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
PERB Regulations do not require that more than technical assistance be given to public notice complainants. Legal representation by Board agents is not required. more or view all topics or full text.
51215811/19/81
0167E Los Angeles Community College District (Kimmett)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
Alleged violations of public notice requirements cannot be remedied through statutory unfair practice charges. They must be remedied through PERB procedures on public notice complaints. more or view all topics or full text.
51206406/24/81
0158E Los Angeles Community College District (Kimmett)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
Both employer and union violated public notice requirements by negotiating on reopener proposals prior to their presentation at a public meeting. more or view all topics or full text.
51203203/03/81
0984H American Federation of State, County and Municipal Employees (Alvarez)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
Under HEERA, public notice complaints must be filed in accordance with PERB regulations governing public notice complaints, not as unfair practice charges; p. 4. more or view all topics or full text.
172406403/23/93
0105E San Francisco Community College District
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
When "emergency" created by Prop. 13 arose, District should have scheduled special meetings to consider resolution of problems, not delayed negotiations until regularly noticed public meetings; pp. 11-12. more or view all topics or full text.
31012710/12/79
0938E Ocean View School District
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
As subsequent oral clarification of school district's initial proposals cured any defects or insufficiencies, Board dismissed public notice complaint; p. 3; p. 8, admin. determination. Very nature of complainant's questions indicates that he had an understanding of the issues. Therefore, it appears complainant had sufficient notice of the initial proposals; p. 10, admin. determination. more or view all topics or full text.
162308806/09/92
0943E Ocean View Teachers Association (Busch)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
As oral clarifications of initial proposals were sufficient to inform the public of the issues to be negotiated, Board's partial dismissal of public notice complaint was consistent with Palo Alto Unified School District (1981) PERB Decision No. 184 (p. 3). Very nature of complainant's questions indicates that he had an understanding of the issues. Therefore, it appears complainant had sufficient notice of the initial proposals; p. 10, admin. determination. As subsequent oral clarification of school district's initial proposals cured any defects or insufficiencies, Board dismissed public notice complaint; pp. 4-5; pp. 8-9, admin. determination. The parties' use of new or different bargaining techniques does not excuse the parties from the statutory requirements of EERA. excuse the parties from the statutory requirements of EERA. more or view all topics or full text.
162309706/18/92
0921S State of California (Department of Personnel Administration) (California District of Forestry Employees Association)
1502.1000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; In General
Under EERA and HEERA, public notice complaints must be filed in accordance with regulations governing public notice complaints; p. 4. As the statutes and regulations are silent concerning a procedure for processing Dills Act public notice complaints, the Board found that a public notice complaint under the Dills Act should be processed as an unfair practice compaint; pp. 4-5. more or view all topics or full text.
162303001/22/92