All notes for Subtopic 1502.02000 – Initial Proposals

DecisionDescriptionPERC Vol.PERC IndexDate
A307E Los Angeles Unified School District
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
Public notice complaint failed to support claim that District adopted an initial proposal which had been amended without allowing for public notice and comment on the amendments.) (Failure to allow public comment on proposed amendments to initial proposals prior to the proposing of the amendments does not violate EERA section 3547.l more or view all topics or full text.
253203602/26/01
1465E Los Angeles Unified School District
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
No violation of EERA when employer changed its policy regarding the time limit for public comment at Board of Education meetings. The previous policy allowed three minutes for individuals to comment on initial bargaining proposals and three minutes on all other agenda items; the policy was changed to allow a total of three minutes for comments on all topics. PERB has no jurisdiction over the District’s policy regarding public input on agenda items that are not related to public notice. Evidence showed that employer's policy has been to allow speakers at a public Board of Education meeting three minutes to speak to initial proposals and that there has been no change in this policy since at least 1988. PERB has consistently held that three minutes is an adequate period of time to address initial proposals. (Los Angeles Unified School District, supra, PERB Decision No. 405; Los Angeles Unified School District (1985) PERB Decision No. 494; Los Angeles Community College District (1991) PERB Decision No. 908; Los Angeles Unified School District (1993) PERB Decision No. 1000. more or view all topics or full text.
263300410/29/01
A291E Los Angeles Community College District (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
The detail of the complaints questions indicates the proposal was understood by the public sufficient to meet the standard established in Palo Alto Unified School District (1981) PERB Decision No. 184; i.e., initial proposals presented to the public should be sufficiently developed to allow the public to comprehend them and respond; p. 7, proposed dec. more or view all topics or full text.
233002312/09/98
A091E Los Angeles Community College District (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
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 more or view all topics or full text.
41110306/16/80
1044E Los Angeles Unified School District (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
District need only make copies of its initial proposal available at a (i.e. one) public meeting, and allow the public a reasonable opportunity to make comment at subsequent meetings before adopting the proposal; there is no requirement that copies be available at the first meeting at which the proposals are listed on the agenda; p. 5, dismissal letter. more or view all topics or full text.
182506704/19/94
1016E Huntington Beach Union High School District (McKinney)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
Board need not formally adopt its initial proposal prior to start of negotiations; p. 2. more or view all topics or full text.
172416710/07/93
1013E Los Angeles Unified School District (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
There is no requirement for a district to make available copies of proposals at subsequent meetings once it has been presented at a public meeting; p. 7, admin. determination. more or view all topics or full text.
172415209/09/93
0964E Los Angeles Unified School District (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
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. An initial proposal must be sufficiently developed to inform the public of the issues that will be the subject of negotiations; p. 8. A review of the initial proposal in this case, and the district's public notice process, reveals that the district has adequately complied with EERA's public notice requirement; p. 9. more or view all topics or full text.
172402112/08/92
0908E Los Angeles Community College District (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
Public notice complaint dismissed where amended initial proposal and its attachments were on the agenda of two public meetings and there was an opportunity for public comment before the district adopted the amended initial proposal; pp. 12, 13-14. Even if district orally noticed the amended initial proposal, the requirements of EERA section 3547 are still satisfied; p. 15. more or view all topics or full text.
152216910/24/91
0863E Service Employees International Union (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
Union cannot violate section 3547(a) because it does not control the public meeting agenda; p. 3, admin. determination. Regulation 32910 limits the scope of EERA public notice complaints and does not address the issue of whether a union was properly recognized by the district; p. 4, admin. determination. more or view all topics or full text.
152202012/28/90
0832E Los Angeles Unified School District (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
Initial proposal may be brought up for public comment in the form of a motion as long as this procedure allows adequate time for public comment; p. 7. more or view all topics or full text.
142115908/08/90
0705E Los Angeles Unified School District (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
As the district's initial proposal for 1987-88 was on the order of business in February 1986 and public response time was provided at the district's regular meetings on February 11 and 24, 1986, Board affirmed Board agent's dismissal of the public notice complaint. more or view all topics or full text.
132000912/16/88
0493H California State University (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
No violation where trustee committee on collective bargaining, rather then full board, adopts initial proposals; committee, as agent of the board, within definition of "higher education employer". more or view all topics or full text.
91609703/14/85
0477H California State University (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
HEERA does not require exclusive rep. to make in person presentation of proposals; pp. 4-5, regional attorney letter. more or view all topics or full text.
91605412/31/84
0478H California State University (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
HEERA does not require the exclusive rep. to make in person presentation of proposals; pp. 1-2, regional attorney warning letter. more or view all topics or full text.
91605512/31/84
0453H California State University (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
Committee of CSU trustees meets section 3562(h) definition of higher education employer and may conduct meeting to receive initial presentation of bargaining proposals. Presence of full board not required satisfy public notice requirement. R.D. dismissal upheld. more or view all topics or full text.
91602012/07/84
0454E Los Angeles Community College District (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
No public notice required where public school employer grants a discretionary pay increase in accord with contract. Because no negotiations occurred, no initial proposal was made and no public notice was required. R.D. dismissal upheld. more or view all topics or full text.
91602112/07/84
0456H California State University (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
Committee of CSU trustees meets section 3562(h) definition of higher education employer and may conduct meeting to receive initial presentation of bargaining proposals. Presence of full board not required satisfy public notice requirement. R.D. dismissal upheld. more or view all topics or full text.
91602312/10/84
0411E Los Angeles Community College District (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
Allegation that employer's initial proposal on insurance benefits did not provide sufficient information fails to state prima facie case. The initial proposal stated that coverage under a proposed life insurance plan "shall be determined by the District." This was supplemented by explanatory language that the employer hoped to reach agreement with several unions for a life insurance plan less expensive than the current plan. With explanatory language the proposal was sufficient to provide enough information for public comment. No requirement that employer present initial proposal verbally. more or view all topics or full text.
81517810/04/84
0405E Los Angeles Unified School District (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
Public school employer violated section 3547(a) by failing to place notification on school board meeting agenda of intention to present employer's initial negotiating proposal. Agenda provided notice only of intention to present proposals of exclusive representative. more or view all topics or full text.
81516409/13/84
0397E Los Angeles Unified School District (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
Section 3547(a) mandates presentation of all initial proposals at a public meeting. As complaint alleged the meeting was closed to the public, complaint stated prima facie violation; p. 5. more or view all topics or full text.
81514708/16/84
0330E Los Angeles Community College District (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
Proposal to amend existing provisions of agreement (including reopeners) are "initial proposals" within the meaning of section 3547(a), and not subject to requirements of section 3547(d). more or view all topics or full text.
71422208/15/83
0331E Los Angeles Community College District (Watts) * * * OVERRULED IN PART by Santa Ana Unified School District (2017) PERB Decision No. 2514
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
Where initial proposals were agendaed on May 6 for public input, same proposals agendaed on May 20 not required for public input. more or view all topics or full text.
71422308/15/83
0184E Palo Alto Unified School District (Fein)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
Initial proposals must be sufficiently developed to permit the public to comprehend them. An initial proposal that compensation be modified according to a formula based on changes in the Comsumer Price Index is sufficient to inform the public of the issue at the table. An initial proposal concerning contract duration, stating "starting with the adoption date and ending June 30, 1982," is sufficient. more or view all topics or full text.
61300512/02/81
0181E Los Angeles Unified School District (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
Request to meet and negotiate do not have to be physically attached to an initial proposal to conform to public notice requirements. Allegation that the number of copies of union's initial proposal was inadequate is dismissed where 20 copies were available and distributed to the public and the District retained copies for public inspection. more or view all topics or full text.
51215811/19/81
0152E Los Angeles Unified School District (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
Prima facie violation is stated in allegation that school district failed to provide notice on its agenda of presentation of initial proposals. more or view all topics or full text.
51200912/30/80
0151E Los Angeles Unified School District (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
Prima facie violation is stated in allegation that school district failed to provide notice on its agenda of presentation of initial proposals. The statutory requirement that initial proposals be presented at public meetings is undercut by the failure to notify the public by placing the subject on the agenda. more or view all topics or full text.
51200812/30/80
1000E Los Angeles Unified School District (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
Government Code section 3547 contains no express language requiring that initial proposals be specific in nature; the proposals presented are specific enough to inform the public of the issues which will be the subject of negotiations; p. 6, dismissal letter. A "three-minute rule" does not prevent or preclude the public from the opportunity to express their views; p. 9, dismissal letter. Posting of proposals for 2 days and receiving public comment at 2 separate meetings over an 8-day period prior to conducting a public meeting represents a conscientious effort to fulfill the intent of EERA's public notice requirement; pp. 11-13, dismissal letter. more or view all topics or full text.
172411306/22/93
1001E Associated Administrators of Los Angeles (Watts)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
The public notice statute requires that all initial proposals be presented at a public meeting. There is no requirement for the exclusive representative to make its proposals available at subsequent meetings; p. 4, admin. determination. more or view all topics or full text.
172411406/22/93
0938E Ocean View School District
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
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. In PERB cases involving subsequent clarification of initial proposals, Board found there is no requirement that the public school employer amend its initial proposals or re-adopt its initial proposals; p. 3; p. 12, admin. determination. Board will look beyond the actual initial proposals, and consider subsequent oral clarifications, to determine whether the requirements of section 3547 have been met; p. 7, admin. determination. more or view all topics or full text.
162308806/09/92
0943E Ocean View Teachers Association (Busch)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
As oral clarifications of initial proposals were sufficient to inform the public of the issues to be negotiated, Board's dismissal of public notice complaint was consistent with Palo Alto Unified School District (1981) PERB Decision No. 184 (p. 3). 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. In PERB cases involving subsequent clarification of initial proposals, Board found there is no requirement that the public school employer amend its initial proposals or re-adopt its initial proposals; p. 4. Board will look beyond the actual initial proposals, and consider subsequent oral clarifications, to determine whether the requirements of section 3547 have been met; p. 7, admin. determination. of section 3547 have been met; p. 7, admin. determination. 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)
1502.2000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Initial Proposals
Section 3523 only requires that a party's initial (marking the commencement; beginning; first; Webster's New Internat. Dict. (3d ed. 1971) proposal on a given subject be sunshined; p. 5. more or view all topics or full text.
162303001/22/92