All notes for Subtopic 1503.02000 – Regulations Considered (By Number)

DecisionDescriptionPERC Vol.PERC IndexDate
2601H Regents of the University of California (American Federation of State, County and Municipal Employees, Local 3299)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulations provide that a late filing may be excused at the discretion of the Board “for good cause only.” (PERB Reg. 32136.) If excused, a late filing is considered timely. (Ibid.) Consistent with the policy favoring preservation of the right to appeal and hearing appeals on their merits, the Board’s application of the Regulation to a variety of factual scenarios reveals that “good cause” is a flexible standard, defined and constrained by considerations of fairness and reasonableness. (Trustees of the California State University (1989) PERB Order No. Ad-192-H, pp. 4-5.) Whether good cause exists is a separate inquiry from whether accepting a late filing would result in prejudice. (Bellflower Unified School District (2017) PERB Order No. Ad-447, p. 5.) more or view all topics or full text.
438812/10/18
2601H Regents of the University of California (American Federation of State, County and Municipal Employees, Local 3299)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Where the respondent has failed even to file any answer, it likewise waives not only its affirmative defenses, but also any specific or general denial it might have asserted, unless it is granted leave to file a late answer and have the untimeliness excused for good cause. (PERB Reg. 32136.) Moreover, PERB Regulation 32644 provides that, “[i]f the respondent fails to file an answer as provided in this section, the Board may find such failure constitutes an admission of the truth of the material facts alleged in the charge and a waiver of respondent’s right to a hearing.” (PERB Reg. 32644, subd. (c).) Although the language of the regulation appears to be discretionary, when read together with the language of subdivision (b) of 32644 regarding the contents of the answer, the implication is clear that a respondent’s failure to answer a PERB complaint effectively results in an admission of the matters alleged therein, as well as those alleged in the charge. That is, without an answer, there can be no general or specific denial of the allegations in the complaint, nor any affirmative defenses. more or view all topics or full text.
438812/10/18
2601H Regents of the University of California (American Federation of State, County and Municipal Employees, Local 3299)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulations expressly state that the answer to a PERB complaint “shall” contain, among other things, a “specific admission or denial of each allegation contained in the complaint” and “[a] statement of any affirmative defense[s]” which the respondent wishes to assert. (PERB Reg. 32644, subd. (b)(5), (6).) Requiring parties to give reasonable notice of their claims and defenses is necessary to ensure a fair litigation process, particularly since PERB’s unfair practice procedures do not provide for pre-hearing discovery. more or view all topics or full text.
438812/10/18
2617E Oxnard Union High School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Compliance with PERB Regulation 32300 is necessary to afford the respondent and the Board an adequate opportunity to address the issues raised. When a party fails to comply with those requirements, the Board may dismiss the exceptions without reviewing their merits. (p. 2.) more or view all topics or full text.
4311112/27/18
A441M San Diego Metropolitan Transit System * * * PUC TRANSIT CASE. PERB DECISION NUMBER CONTAINS INCORRECT LETTERING, AS CASE DID NOT ARISE UNDER MMBA * * *
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
The five-day extension of time for filings made in response to documents served by mail within California under PERB Regulation 32130, subdivision (c), is applicable if the document was served by mail, even if it was also served electronically. (p. 4.) more or view all topics or full text.
416609/20/16
A449E Lake Elsinore Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Pursuant to PERB Regulations 323601 and 32136, Charging Parties appealed from the Appeals Assistant’s determination and request that the Board excuse the late filing and consider the attempted amendment to their statement of exceptions when deciding the merits of the underlying unfair practice charge. Because Charging Parties’ appeal from an administrative determination was itself untimely filed, the Board denied the appeal and declined to consider whether Charging Parties had established good cause to excuse their prior late filing, which was the subject of the appeal. more or view all topics or full text.
421706/28/17
A447E Bellflower Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB’s Appeals Assistant correctly determined that Charging Party’s response to the exceptions was untimely, as it was not filed and served until more than 20 days following the date of service of the opposing party’s exceptions. The fact that a document is also filed and served by e-mail does not alter the five-day extension of time under PERB Regulation 32130, subd. (c), if the document is also filed and served by regular mail in accordance with PERB Regulations. However, the same is not true for documents filed and served by facsimile. The Regulation states that, “No extension of time applies in the case of documents served in person, or by facsimile transmission as defined in Section 32090.” more or view all topics or full text.
421506/28/17
A447E Bellflower Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
The Board denied Charging Party’s appeal from an administrative determination which denied its filing as untimely due to attorney error. Although an untimely filing may be excused at the discretion of the Board for “good cause” (PERB Reg. 32136), generally, “the Board has not found good cause [to excuse a late filing] in situations where the party’s attorney was directly responsible for the late filing.” Board precedent considers whether good cause exists separate from whether excusing a late filing would result in prejudice. Thus, even if a late filing would not result in prejudice, PERB has no discretion to accept the untimely filing in the absence of good cause. more or view all topics or full text.
421506/28/17
A446E Lake Elsinore Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
The Board denied a school district’s appeal from an administrative determination which rejected the district’s filing as untimely where the untimeliness was due to attorney error, including failure to carefully review PERB Regulations or other materials regarding the filing deadlines, counsel’s failure to seek clarification or an extension of time when confronted with conflicting information as to the filing deadline. (pp. 10-11.) Although an untimely filing may be excused at the discretion of the Board for “good cause” (PERB Reg. 32136), generally, “the Board has not found good cause [to excuse a late filing] in situations where the party’s attorney was directly responsible for the late filing.” (Ibid.) more or view all topics or full text.
421806/28/17
A446Ea Lake Elsinore Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Because a public school employer’s request for reconsideration concerned a Board decision resolving an appeal from an administrative determination, there was no factual record to reconsider. Prior board precedent had determined that reconsideration is not available for decisions arising from administrative appeals. There are only two grounds for reconsideration authorized by PERB Regulation 32410: (1) the decision of the Board itself contains prejudicial errors of fact, or (2) the party requesting reconsideration has newly discovered evidence which was not previously available and could not have been discovered with the exercise of reasonable diligence. The Regulation’s focus on prejudicial error of fact or newly-discovered evidence indicates that the reconsideration procedure is limited to Board decisions based on a proposed decision and developed factual record following a formal hearing or stipulated record. (pp. 3-5.) more or view all topics or full text.
4214805/15/18
A453H Regents of the University of California
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
The Office of the General Counsel correctly relied on the estimated figure of 325 affected employees, as stated in the union’s petition for unit modification, rather than the employer’s estimates of how many employees would eventually be reclassified into the affected classifications. (pp. 21-22.) Proof of support is determined by PERB when a petition is filed and an employer provides a list of employees that comprise the petitioned-for unit or the proposed unit modification. The employer is in the unique position of having sole access to the pertinent information, including which employees perform what duties and under which job titles. Where the employer is unable or unwilling to produce complete and accurate lists of employees in a proposed unit at the time, it is impossible for PERB to verify a showing of support or, as in the present case, whether such a showing is required. In such circumstances, the Board agent conducting the investigation may make reasonable assumptions about the proposed unit or unit modification, including that the number of affected employees estimated by the party of interest applicant is accurate. (Ibid.) more or view all topics or full text.
424709/29/17
A453H Regents of the University of California
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
By adopting a regulation providing that an increase in the size of a bargaining unit by ten percent or more through the addition of unrepresented positions creates a question concerning representation, the “necessary implication is that increasing the unit by less than ten percent does not call into question the incumbent union’s majority support,” and that the agency is without discretion to require a showing of support in such circumstances. (p. 8.) PERB’s unit modification procedures are inconsistent with the NLRB’s accretion doctrine because the plain language and the policies of HEERA and PERB Regulation 32781 differ in significant respects from their private-sector counterparts. PERB cannot change its regulations through decisional law. (pp. 8-9.) more or view all topics or full text.
424709/29/17
A453H Regents of the University of California
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Because HEERA does not itself mandate an election where an established unit is modified, it is within the Board’s discretion to adopt and interpret regulations defining under what circumstances an election is appropriate, or conversely, removing the Board’s discretion to require an election under specified circumstances. The PERB-administered statutes recognize that employee choice is not absolute, but must be balanced against the other policy objectives identified by the Legislature, including establishing “orderly and clearly defined procedures for meeting and conferring and the resolution of impasses.” (p. 9.) more or view all topics or full text.
424709/29/17
A453H Regents of the University of California
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
The Board rejected the University’s appeal arguing that a union petitioning for unit modification should be required to show proof of support under PERB Regulation 32781 because, when the petition was filed, the University had not yet completed the process of reclassifying unrepresented employees and it projected to reclassify a significant number of additional employees into the new classification. (p. 14.) The administrative determination appropriately reasoned that the proposed addition sought by a unit modification petition at the time the petition is filed is determinative and “not whether the proposed addition grows or shrinks after the time the petition is filed.” (pp. 13-14.) more or view all topics or full text.
424709/29/17
A453H Regents of the University of California
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Pursuant to PERB Regulations, the Board may expedite a unit modification case arising under PERB Regulation 32781. Because the present dispute is a cause of great concern to the parties and affected employees, PERB processed the case on an expedited basis in effort to promote stable employer-employee relations, and thereby effectuate the policies and purpose of HEERA. (p. 17.) more or view all topics or full text.
424709/29/17
J028H Regents of the University of California and University Professional and Technical Employees, Communications Workers of America Local 9119
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
The Board declined to join in an employer’s request for judicial review where the issue, application of the ten percent rule for proof of majority support in unit modifications, was neither “novel” nor one of “special importance” unique to HEERA. HEERA section 3564, subdivision (a), makes PERB unit determinations immune from judicial review except when, in response to a petition for judicial review from an employer or employee organization, the Board agrees that the case is one of “special importance” and joins in the request for review; or when the issue is raised as a defense to an unfair practice complaint. (PERB Reg. 32500.) The Board has joined in a request for judicial review only when: (1) the case presents a novel issue; (2) the issue primarily involves construction of a statutory provision unique to the statute under consideration; and (3) the issue is likely to arise frequently. The Board applies this strict standard because the fundamental rights of employees to form, join and participate in the activities of employee organizations could be jeopardized if PERB’s unit determinations were routinely subject to legal challenges. more or view all topics or full text.
4211102/27/18
A458M County of Solano
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Generally, where the exclusive representative has made a request for factfinding that is timely under any plausible interpretation of the public agency’s local rules and that is accompanied by a statement that the parties have been unable to effect a settlement to their dispute, PERB must accept the request as timely and allow the parties to proceed to factfinding. Here, however, while the local rules appear to contemplate selection of a mediator by mutual agreement of the parties as one option, the employee organization’s conduct was inconsistent with that option, regardless of whether it was the default option or simply one option among others. Because the organization appears to have accepted the selection of the mediator and expressed no reservations about this selection, nor suggested any other mediator or any alternative process whereby the parties would mutually agree on the identity of the mediator, the Board rejected its appeal and adopted the administrative determination that the employee organization’s request for factfinding was untimely. more or view all topics or full text.
427801/09/18
A455M County of Solano
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulations provide that an appeal from an administrative decision will not automatically prevent the Board from proceeding in a case. Pursuant to PERB Regulation 32370, parties seeking a stay of any activity may file a request for a stay with the administrative appeal which shall include all pertinent facts and justification for the request. Except as otherwise provided by PERB Regulations, the Board may order a stay of activity when the ruling or order that is the subject of appeal would be rendered unnecessary or moot, should the Board reverse it. In this case, however, because the administrative determination denied Local 1021’s request for factfinding, there was no ruling or order that would be rendered unnecessary if the Board were to reverse the administrative determination. Accordingly, there was nothing to stay and the Board denied the request. more or view all topics or full text.
425510/25/17
A453H Regents of the University of California
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
The Board affirmed prior PERB precedent holding that the language of PERB Regulation 32781 eliminates the Board’s discretion to require proof of majority support when a unit modification petition seeks to add classifications which would increase the size of the existing unit by less than ten percent. (pp. 6-7.) PERB Regulation 32781, which governs petitions for unit modification, provides, in relevant part, that if a unit modification petition “requests the addition of classifications or positions to an established unit, and the proposed addition would increase the size of the established unit by ten percent or more, the Board shall require proof of majority support of persons employed in the classifications or positions to be added.” (pp. 4-5.) more or view all topics or full text.
424709/29/17
2567E Hartnell Community College District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
The Board denied Charging Party’s exception which asserted that the ALJ had improperly failed to consider evidence that the employer’s decisionmaker had received biased, inaccurate or incomplete information from a subordinate, which influenced the decision to take adverse action against Charging Party. The exception included no citation to the record and did not identify any specific evidence that was neglected. ERB Regulation 32300 requires the party filing exceptions to: (1) state the specific issues of procedure, fact, law or rationale to which each exception is taken; (2) identify the page or part of the decision to which each exception is taken; (3) designate the portions of the record relied upon; and (4) state the grounds for each exception. (PERB Reg. 32300.) more or view all topics or full text.
43206/12/18
2567E Hartnell Community College District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Absent any clear statement of the issues or the grounds for an exception or, at least some explanation of each exception’s significance within the overall context of the case, the Board declined to consider several of Charging Party’s exceptions for failure to comply with the requirements of PERB Regulation 32300. (p. 13.) more or view all topics or full text.
43206/12/18
2567E Hartnell Community College District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
The Charging Party cannot rely on factual allegations made at the pre-hearing stage of PERB proceedings, which PERB accepts as true, with factual findings resulting from a formal hearing and developed record, which are the Charging Party’s burden to prove with competent and admissible evidence. (PERB Regs. 32178.) On review of a dismissal without hearing, the Board treats the charging party’s factual allegations as true and considers them in the light most favorable to the charging party’s case. However, after a complaint issues, the charging party bears the burden of prove the complaint’s allegations by a preponderance of the evidence in order to prevail. (PERB Reg. 32178.) A prior Board decision reversing the dismissal of an unfair practice charge is neither evidence in support of a complaint’s allegations, nor the law of the case as to the merits of the dispute. (pp. 6-7.) more or view all topics or full text.
43206/12/18
2548E Lake Elsinore Unified School District (Edwards)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Despite its highly repetitive and often misplaced or entirely irrelevant arguments, charging party’s appeal from dismissal/refusal to issue a complaint identified the asserted error by the Office of the General Counsel in dismissing her charge, and thus substantially complied with PERB Regulation 32635. While clarity and conciseness are always appreciated, the regulation governing appeals does not expressly require a “clear and concise statement” of the appeal. (p. 11.) more or view all topics or full text.
4210202/02/18
2544E Bellflower Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
The Board rejected a school district’s exception that a Board-ordered remedy including restoration of the status quo and make-whole relief conflicted with federal law governing special education. The district’s statement of exceptions and supporting brief included no citation to any provision of the federal statute or decisional law interpreting it, and the district failed to explain how PERB’s customary remedy for a unilateral change would conflict with federal law. The district’s filing both failed to comply with the requirements of PERB Regulation 32300 governing exceptions, and, even if considered, had no merit. Unless a remedial measure positively conflicts with “inflexible standard[s]” or “immutable provisions” set by external law, the fact that it affects matters normally within the jurisdiction of another tribunal does not, by itself, make PERB’s remedy improper. (pp. 10-11.) more or view all topics or full text.
427012/15/17
2544E Bellflower Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
In the absence of any explanation or briefing from a school district who argued that the management rights clause remained in effect after 2010, or a request for reconsideration showing both extraordinary circumstances and that the Board’s determination in a prior decision that the parties’ agreement had expired in 2010 contained prejudicial error of fact, the Board had no grounds to consider the district’s waiver defense, which was based on the management rights language, in this case. (p. 7.) The interpretation of a collective bargaining agreement is not simply a factual finding of the sort which the Board or its agents are free to disregard in a subsequent case involving the same language. Because of its significance for governing the parties’ ongoing relationship, a Board finding as to the meaning of a contract term is more akin to a question of law, particularly where, as here, the question is whether the contract itself is illegal or void for public policy, as declared by the three-year limit for collective bargaining agreements set forth in EERA section 3540.1, subdivision (h). (pp. 6-7.) more or view all topics or full text.
427012/15/17
2544E Bellflower Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
The Board rejected a school district’s exception that it had no notice that the ALJ considered the duration language of the parties’ agreement ambiguous or that the meaning of the duration language would be dispositive in the case by determining whether the management rights clause remained in effect. (p. 5-6.) A PERB hearing officer has the power and the duty to “[i]nquire fully into all issues and obtain a complete record upon which the decision can be rendered” and to “[r]ender and serve the proposed decision on each party.” (PERB Reg. 32170.) A hearing officer is not required to advise the parties of which factual disputes or legal issues may determine the outcome of the case, nor to make preliminary factual findings at the hearing itself so that the parties may object or offer additional evidence or argument on the issue. (Ibid.) more or view all topics or full text.
427012/15/17
2544E Bellflower Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Because the uncontradicted, unimpeached testimony of three union witnesses and one management witness was that the parties’ collective bargaining agreement had expired in 2010, the Board denied a school district’s exception arguing that the agreement’s management rights clause had remained in effect and served as a waiver of the union’s right to bargain over subcontracting of the district’s bus services. (p. 5.) Uncontradicted, unimpeached testimony at hearing is sufficient to carry the burden of proof in an unfair practice case. (PERB Reg. 32178.) more or view all topics or full text.
427012/15/17
2525M City of Livermore
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Because PERB’s Regulation governing exceptions to a proposed decision expressly state that “[r]eference shall be made in the statement of exceptions only to matters contained in the record of the case” (PERB Reg. 32300, subd. (b)), a respondent may not use its statement of exceptions or supporting brief to present new justifications for its conduct. (p. 10.) more or view all topics or full text.
4117305/04/17
2523C El Dorado County Superior Court
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Because Charging Party’s exceptions raised no error of fact or law that would alter the dismissal of the complaint, it was unnecessary for the Board to address Charging Party’s exceptions regarding the circumstances in which a back pay award would be appropriate or regarding the appropriate measure of damages. (p. 13.) Although the Board reviews exceptions to a proposed decision de novo, it need not address arguments that have already been adequately addressed in the same case or that would not affect the result. The Board has routinely declined to address issues raised in exceptions or on appeal, where the party seeking relief has simply reasserted its claims without identifying a specific error of fact, law or procedure to justify reversal. (p. 7.) more or view all topics or full text.
4115203/20/17
2523C El Dorado County Superior Court
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Charging Party’s filing which combined a statement of exceptions and supporting brief in one document complies with the requirements of PERB Regulation 32300, so long as the filing includes the content required by the Regulation. (pp. 6-7.) While the content of exceptions to a proposed decision is clearly delineated by PERB Regulation 32300, the form in which exceptions are presented may vary. The excepting party may file a statement of exceptions, a brief or both. There is no requirement that a statement of exceptions or supporting brief assign a number to each of its exceptions. (Ibid.) more or view all topics or full text.
4115203/20/17
2523C El Dorado County Superior Court
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Where charging party has excepted to one or more factual findings in a proposed decision but has not explained how the purported error(s) would alter the result, the Board may summarily reject the exception. (p. 8.) Although the Board reviews exceptions to a proposed decision de novo, it need not address arguments that have already been adequately addressed in the same case or that would not affect the result. The Board has routinely declined to address issues raised in exceptions or on appeal, where the party seeking relief has simply reasserted its claims without identifying a specific error of fact, law or procedure to justify reversal. (p. 7.) more or view all topics or full text.
4115203/20/17
2522H Trustees of the California State University
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Where case file gave no indication that the domination and interference theory of liability alleged in the charge had been investigated or addressed in a warning letter, Board vacated the dismissal of that allegation and remanded to Office of the General Counsel for further investigation. PERB Regulations prohibit dismissal of any allegation without prior notice to the charging party. (PERB Reg. 32620, subd. (d).) (pp. 18-19.) more or view all topics or full text.
4115003/20/17
2522H Trustees of the California State University
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Although PERB Regulations place no limit on the number of times a charging party may amend its charge before a warning letter issues or before the charge is dismissed, they do not require an investigating Board agent to provide a separate warning letter for each successive amendment to a charge. If, following a warning letter that adequately identifies the deficiencies in a charge, subsequent amendments do not correct those deficiencies, dismissal is appropriate. (PERB Reg. 32620, subd. (d); 32621.) (p. 4.) more or view all topics or full text.
4115003/20/17
2517C Fresno County Superior Court * * * VACATED IN PART by Fresno County Superior Court (2019) PERB Decision No. 2517a-C
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32648 authorizes motions to amend the complaint made during the hearing and, absent a showing of undue prejudice, a timely amendment closely related to the allegations in a pending complaint should be allowed in order to serve the principles of economy and finality. However, PERB Regulation 32648 only governs proposed amendments to a complaint made “[d]uring [a] hearing.” Here, the Board reversed the ALJ’s ruling to grant a motion to amend the complaint to include a separate interference allegation closely related to the allegations of the initial charge, because the motion was not made until after the close of the hearing and was therefore not timely within the meaning of the Regulation. After the record has closed and briefs have been submitted, matters not included in the complaint may only be considered by meeting the stricter standard for consideration of unalleged violations. (pp. 12-13.) more or view all topics or full text.
4114002/27/17
2514E Santa Ana Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Unlike most PERB failure to prosecute cases, in which the charging party fails or refuses to attend or participate in a duly noticed hearing, in this case, the complaint was dismissed without hearing based on a pre-hearing motion. Because the matter was dismissed without hearing, the Board applied the standard governing the pre-complaint investigation of an unfair charge to consideration of pre-hearing motions to dismiss. Although designated as “exceptions” to a proposed decision, the charging party’s filing, which substantially complied with the requirements of PERB Regulation 32635, subdivision (a), was treated as an appeal from dismissal. (pp. 2, 28.) more or view all topics or full text.
4113202/08/17
2514E Santa Ana Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Due process and fair proceedings required by statutory, regulatory and decisional law preclude PERB from resolving material factual disputes or making credibility determinations in the absence of a formal hearing or stipulated record. (p. 3, fn. 6.) Although the charging party had several medical restrictions that would require modifying the schedule of a hearing, for example, by taking frequent breaks, so that she is not required to sit or stand for more than one hour at a time, such modifications are not inherently unreasonable, nor unprecedented in PERB proceedings where necessary to accommodate a party’s medical condition. (38-39.) Even assuming a full hearing on the merits was impractical or impossible in this case because of the charging party’s medical condition, at minimum, a hearing on the disputed facts underlying the District’s motion to dismiss and its laches defense was necessary before dismissing the case. Alternatively, PERB Regulations authorize a hearing officer to order any person, including a party or material witness who is unable to attend a hearing because of illness or infirmity, to be deposed to ensure that oral testimony is subject to cross examination. (pp. 35-36.) more or view all topics or full text.
4113202/08/17
2514E Santa Ana Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB’s fact-finding ability at the pre-hearing stage is also limited by the residuum rule of PERB Regulation 32176 governing evidence in unfair practice cases. Unless subject to an exception, any statement not made by a witness testifying before the factfinder constitutes hearsay evidence when offered for its truth. In the absence of some corroborating, non-hearsay evidence, typically in the form of live testimony, the parties’ declarations are insufficient to support a factual finding in unfair practice proceedings. (pp. 30-31.) more or view all topics or full text.
4113202/08/17
2514E Santa Ana Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Even though it may contain other, extraneous and improper matters, where an appeal asserts various factual, legal and procedural errors, explains the grounds for reversal, and provides points and authorities in support of its arguments, the filing substantially complies with the requirement that an appeal “place the Board and the respondent on notice of the issues,” by identifying the substance of the Dismissal and the specific errors of fact, law, or application of law to fact which she claims warrant reversal. (PERB Reg. 32635, subd. (a).) (p. 19.) more or view all topics or full text.
4113202/08/17
2514E Santa Ana Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
A Board agent may, either on a motion by the respondent or with notice and on the agency’s own motion, properly dismiss a complaint on a pre-hearing motion to dismiss where the motion establishes failure to prosecute or an affirmative defense as a matter of law based on undisputed facts. (pp. 19-20, 24-25.) However, in the absence of a hearing, a Board agent is not authorized to resolve factual disputes or make credibility determinations to dismiss an unfair practice case, whether the dismissal occurs during the pre-complaint investigation, or after a complaint has issued but before hearing. (PERB Reg. 32207.) Because in this case, the motion to dismiss asserting failure to prosecute and laches was based on disputed material facts, including the timing and significance of a medical condition suffered by a witness, the Board reversed the dismissal and remanded the matter for hearing within a reasonable time to adjudicate the complaint’s allegations. (pp. 2-3.) more or view all topics or full text.
4113202/08/17
2505M City of Roseville
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Where conduct allegedly constitutes both evidence of the respondent’s bad faith and a separate unfair practice, the essential facts for each theory of liability should be stated in the complaint and identified as separate unfair practices. A respondent is entitled to notice of the issues in dispute, so that it can preserve documents and secure witnesses, or expect repose as to those unfair practice allegations that are dismissed, withdrawn, abandoned or otherwise disposed of during the Office of the General Counsel’s investigation. (PERB Regs. 32620, subd. (c), 32630, 32640, subds. (a), (b).) Identifying the essential factual allegations and the theories of liability in a complaint is necessary to provide adequate notice and ensure a full and fair adjudication of the issues, including an opportunity for the respondent to raise any affirmative defenses specific to each theory of liability. (pp. 15-16.) more or view all topics or full text.
419711/30/16
2505M City of Roseville
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Although a charge must include a clear and concise statement of the facts and conduct alleged to constitute an unfair practice (PERB Reg. 32615, subd. (a)(5)), a complaint alleging surface bargaining need not list every possible indicator of bad faith that may be presented at the hearing. Under PERB’s fact pleading standard, the charging party must include the essential facts (often described as the “who, what, when, where and how” of the charge) with sufficient specificity to permit the Board agent to determine whether “the facts as alleged in the charge state a legal cause of action and [whether] the charging party is capable of providing admissible evidence in support of the allegations.” However, PERB does not require the charging party to identify or provide all of its evidence in the charge. (pp. 12-13.) more or view all topics or full text.
419711/30/16
2505M City of Roseville
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Conduct which is alleged in an unfair practice charge as evidence of bad-faith bargaining but not addressed in the pre-complaint investigation and not included in the complaint is proper for consideration at hearing because, under PERB Regulation 32620, the charging party must have notice in writing of any deficiencies in the charge before an allegation is dismissed. By restricting a charging party to only those indicia of bad faith specified in the complaint, where other indicia have been alleged in the charge but not included in the complaint, PERB would effectively dismiss charge allegations without notice of deficiencies to the charging party. PERB cannot change its Regulations through decisional law. (pp. 13-14.) more or view all topics or full text.
419711/30/16
2505M City of Roseville
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
A surface bargaining complaint complies with PERB Regulations and decisional law when it alleges that, by the totality of its conduct, “including but not limited to,” the specific conduct described in the complaint, the respondent has failed and refused to meet and confer in good faith. Notwithstanding the phrase “including but not limited to” or similar language, the complaint identifies the specific acts or indicia that are sufficient to state a prima facie case, while also giving the respondent notice that, under PERB’s totality of conduct test, the specific acts or indicia described in the complaint are not necessarily exhaustive of the evidence the charging party may present at hearing to prove the surface bargaining allegation. (p. 12.) more or view all topics or full text.
419711/30/16
2452E Hartnell Community College District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32620, subdivision (d), entitles the charging party to a warning letter identifying any deficiencies before any allegations in the charge is dismissed. Because charging party’s allegation that he was denied payment for hours actually worked in retaliation for his protected activity, the dismissal was reversed and the charge remanded for issuance of a complaint. Pursuant to PERB Regulation 32635, subdivision (b), the Board may supplement the record of an appeal with new supporting evidence only for “good cause.” PERB has generally found “good cause” to do so, when the new allegations or supporting evidence presented in an appeal could not have been discovered by the charging party with the exercise of reasonable diligence before the charge was dismissed, such as when the events giving rise to the new evidence did not occur until after the charge was dismissed. The newly-available evidence, which concerned charging party’s satisfactory performance of job duties for an employer other than the respondent was only marginally relevant at this stage of the proceedings and, although considered by the Board, did not affect any of the issues on appeal. more or view all topics or full text.
405609/04/15
A432H Trustees of the California State University
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
The Board denied a higher education employer’s appeal from an administrative determination rejecting the employer’s late-filed opposition to an appeal from dismissal of an unfair practice charge, finding the employer had not provided sufficient factual detail to establish either a reasonable and credible explanation for its untimely filing or that it made a conscientious effort to comply with the deadline by requesting an extension of time, as required by PERB Regulation 32136 and decisional law. The employer admitted that its designated representative was in possession of the opposing party’s appeal almost two weeks before the deadline, the employer’s representative neither requested an extension of time nor sought clarification of the deadline but instead attempted to extend its own deadline for filing its papers because of delay in receiving opposing party’s appeal due to defective service. Although the Board may grant extensions of time or excuse late filings for good cause, parties cannot take the filing deadlines into their own hands. The Board denied a higher education employer’s request to refuse to consider an opposing party’s appeal for defective service where there was no evidence that the employer had been prejudiced by the failure to properly serve the appeal. Unlike PERB’s regulations and decisional law governing whether to excuse a late filing, no showing of “good cause” is required to excuse defective service; rather, the service requirement may be excused if opposing parties have actual notice of the issues and would not be unfairly surprised or unduly prejudiced. Because the employer was in receipt of opposing party’s appeal almost two weeks before the deadline for filing an opposition to the appeal, it had actual notice of the issues and was not prejudiced by the fact that the appeal was not served in complete conformity with the requirements of PERB Regulation 32140, subdivision (a). more or view all topics or full text.
4013802/11/16
A434H Regents of the University of California
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB has generally construed its regulations governing representation matters narrowly and declined to look to private-sector authority for guidance when PERB’ s regulations expressly address the policy concerns underlying the practice and procedure of private-sector labor boards such as the National Labor Relations Board or Agricultural Labor Relations Board. Because PERB regulations require that all representation elections affecting HEERA units “be conducted by secret ballot under the supervision of the Board,” and that the ballots for such elections also “shall be prepared under the supervision of the Board,” PERB refused to accept and count tie-breaking vote from employee who constructed his own homemade ballot after allegedly not receiving an official ballot. (PERB Reg. 32722, subds. (a) and (b). more or view all topics or full text.
02/29/16
2475E United Teachers of Los Angeles (Raines, et al)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Unlike PERB’s regulations and decisional law governing reconsideration or Board consideration of new evidence on appeal, “good cause” is not required to excuse the service requirement under PERB Regulation 32140, subdivision (a). more or view all topics or full text.
4014702/29/16
2476M City of Santa Clara
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Pursuant to PERB Regulation 32176, hearsay evidence contained in declarations is insufficient, by itself, to make findings and resolve disputed material facts. Presiding ALJ had discretion to convene a hearing to take live testimony on disputed material facts in order to inquire fully into all issues and obtain a complete record on which a decision could be rendered, even where parties had agreed to proceed on a stipulated record supplemented by declarations and rebuttal declarations containing disputed material factual issues. Pursuant to PERB Regulation 32207, parties may submit stipulated facts where appropriate to a Board agent. No hearing shall be required unless the parties dispute the facts in the case. The regulation authorizes a hearing officer to convene a hearing and take live testimony to resolve material factual disputes, even where the parties themselves have agreed to proceed on a stipulated record and to present disputed facts through sworn declarations. Pursuant to PERB Regulations 32170, subdivision (a), and 32207, presiding Board agent may supplement parties’ stipulated record and declarations by ordering presentation of witnesses or other competent and reliable evidence on issues involving disputed material facts to make credibility determinations and to “[i]nquire fully into all issues and obtain a complete record upon which the decision can be rendered.” more or view all topics or full text.
4015403/10/16
2481H Regents of the University of California (Los Angeles)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32150 provides that, before the hearing has commenced, the Board shall issue subpoenas at the request of any party for attendance of witnesses or production of documents at the hearing. The regulation also provides that compliance with the provisions of section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance of a subpoena for production of documents. After the hearing has begun, a decision to issue subpoenas is left to the sound discretion of the hearing officer. Board declined to disturb ALJ’s ruling denying charging party’s request, made on the last day of presenting his case-in-chief, for production of documents to attack witness credibility. Despite being a self-represented layperson, charging party was familiar with PERB’s unfair practice proceedings from a previous case. PERB Regulation 32300 requires the party filing exceptions to a proposed decision to include: (1) a statement of the specific issues of procedure, fact, law or rationale to which each exception is taken; (2) identify the page or part of the decision to which each exception is taken; (3) designate the portions of the record relied upon; and (4) state the grounds for each exception. Board declined to address charging party’s exceptions or overturn the ALJ’s credibility determinations where charging party failed to cite to the applicable portion of the record, attempted to introduce evidence outside the record, or merely repeated arguments already adequately addressed by the proposed decision. more or view all topics or full text.
4018405/27/16
2453E Cabrillo Community College District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Because this case is an appeal from a dismissal and refusal to issue a complaint by the Office of the General Counsel, our inquiry at this stage is focused on the sufficiency of the charging party’s allegations. In addition, we may also consider information provided by the respondent, but only when such information is submitted under oath, complements without contradicting the facts alleged in the charge, and is not disputed by the charging party. (PERB Reg. 32620(c).) In processing an unfair practice charge, the role of a Board agent is to investigate the charge to determine if an unfair practice has been alleged. However, the Board’s regulations do not empower agents to rule on the ultimate merits of a charge. (PERB Regs. 32620 and 32640.) An employer’s affirmative defense should be considered at the charge-processing stage of unfair practice proceedings only if raised in a verified and properly served position statement (PERB Regs. 32140(a) and 32620(c)), and only if the asserted defense rests on factual allegations that do not contradict those included in the charge, and which the charging party does not dispute. Under PERB Regulation 32635(b) a charging party may not present new charge allegations or new supporting evidence on appeal from a dismissal unless good cause is shown. The Board has generally found good cause to do so when the new allegations or supporting evidence could not have been discovered by the charging party through the exercise of reasonable diligence before the charge was dismissed. more or view all topics or full text.
405709/17/15
A425M City of Oakland (Oakland Fire Department)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Under PERB Regulation 32136, a late filing may be accepted for good cause. The Board has excused late filings where a short, non-prejudicial delay resulted from circumstances beyond the control of the filing party and the filing party’s explanation was either credible on its face or corroborated by supporting evidence. more or view all topics or full text.
401506/24/15
2436M County of Fresno
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32320, subdivision (a)(2) grants the Board discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. more or view all topics or full text.
401206/22/15
A399M City of Vallejo
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB has consistently applied PERB Regulation 32130(c) to appeals filed by parties who have been granted an extension of time within which to file the appeal. more or view all topics or full text.
04/12/13
A389E National School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Pursuant to PERB Regulation 32136, the Board may excuse a late filing for good cause. the Board has found good cause to exist when the explanation for the late filing was "reasonable and credible" and the delay did not cause prejudice to any party. Additionally, good cause is typically found when the late filing was caused by circumstances beyond the party's control. more or view all topics or full text.
351912/21/10
2101Ha Regents of the University of California (Davis)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Under PERB Regulation 32410(a), the grounds for requesting reconsideration of a final Board decision are limited to claims in which: (1) the decision of the Board itself contains prejudicial errors of fact, or (2) the party has newly discovered evidence which was not previously available and could not have been discovered with the exercise of reasonable diligence. These limited grounds preclude a party from using the reconsideration process to reargue or re-litigate issues that have already been decided. Where, as here, the request fails to identify prejudicial errors of fact or present newly discovered evidence, denial of the request is appropriate. The Board will grant a request for reconsideration pursuant to PERB Regulation 32410(a) for the purpose of conforming an order with the Board’s decision because, under the newly discovered evidence standard, the error did not exist and could not have been discovered until the issuance of its initial decision. more or view all topics or full text.
354602/24/11
2155M County of Orange * * * OVERRULED IN PART by Santa Clara Valley Water District (2013) Decision No. 2349- M
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32615(a)(5) requires, among other things, that an unfair practice charge include a clear and concise statement of the facts and conduct alleged to constitute an unfair practice. This burden includes alleging the who, what, when, where and how of an unfair practice. Thus, a charging party’s bare assertion that he was a union president without specific references to lawful actions he took in office is insufficient to establish he engaged in protected activity. more or view all topics or full text.
352401/18/11
2147E Fontana Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32615(a)(5) requires, among other things, that an unfair practice charge include a clear and concise statement of the facts and conduct alleged to constitute an unfair practice. This burden includes alleging the who, what, when, where and how of an unfair practice. more or view all topics or full text.
351012/10/10
2133E United Faculty of Grossmont-Cuyamaca Community College District (Tarvin)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32635(b) prohibits a charging party from presenting new charge allegations or new supporting evidence on appeal absent a showing of good cause. The Board has found that good cause does not exist to consider new allegations on appeal when the evidence underlying the allegations was available to the charging party prior to the dismissal of the charge and the appeal fails to explain why the allegations could not have been made to the Board agent during the investigation. PERB Regulation 32615(a)(5) requires, among other things, that an unfair practice charge include a clear and concise statement of the facts and conduct alleged to constitute an unfair practice. This burden requires a charging party to allege the who, what, when, where and how of an unfair practice. more or view all topics or full text.
3414009/21/10
2182Ma California Nurses Association (Rosa)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Request for reconsideration that restates arguments made before the Board agent and before the Board on appeal denied. PERB Regulation 32410(a) does not allow a party to reargue or relitigate issues which have already been decided. Board will not consider additional evidence that charging party allegedly failed to provide due to medical condition, in the absence of declaration under penalty of perjury establishing that the proffered evidence meets five specific criteria set PERB Regulation 32410. Criteria not met, where charging party fails to explain how medical condition prevented her from providing the information previously to either the Board agent or the Board itself. Thus, the request fails to establish that the evidence constitutes newly discovered evidence that was not previously available and could not have been discovered with the exercise of reasonable diligence under PERB Regulation 32410(a). Even if Board were to consider this evidence, it does not demonstrate that the Board’s decision contains prejudicial errors of fact. more or view all topics or full text.
363708/29/11
2201H Trustees of the California State University (Long Beach)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Unfair practice charge filed based upon a claim that a settlement or arbitration award is repugnant to HEERA are subject to all of the requirements applicable to the filing of unfair practice charges under PERB Regulation 32615 and must allege with specificity the facts underlying the charging party’s claim that the arbitrator’s award is repugnant to the purposes of the applicable statute. Board deferred to arbitrator’s award where the arbitrator’s conclusions encompassed the same factual issues that would have been presented on the retaliation claim before PERB and award itself was not clearly repugnant to the purposes and policies of HEERA. more or view all topics or full text.
364309/13/11
2170M City of Guadalupe
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
When allegations in an unfair practice charge are also subject to binding arbitration under an applicable collective bargaining agreement, PERB Regulation 32620(b)(6) requires PERB to dismiss the charge at the conclusion of the arbitration process unless the charging party establishes that the arbitration award is repugnant to the purposes of the MMBA. Charge dismissed because personnel commission’s binding decision that the employer did not violate the agreement when it furloughed employees was not repugnant to the MMBA. more or view all topics or full text.
355202/28/11
2161M City of Alhambra
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32300(a) provides that exceptions must be filed within 20 days of the date of service of the proposed decision. PERB Regulation 32130(c) provides an additional five days to file exceptions when the proposed decision is served by mail. Because the proposed decision was served on the respondent by mail, its exceptions filed 25 days after the date of service were timely. more or view all topics or full text.
353602/08/11
A384E Castaic Union School District * * * OVERRULED by amendment to EERA section 3540.1, subdivision (e), Stats. 2011, Ch. 674, and Center Unified School District (2014) PERB Decision No. 2379
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
In Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District (1984) PERB Decision No. 375, PERB held that short-term employees have no representation rights under EERA because Education Code section 45103 excludes them from the classified service. Education Code section 45103 also excludes part-time playground positions from the classified service. When the Legislature granted classified status to employees in a part-time playground position who also hold another classified position in the same district, it maintained the exclusion for other part-time playground positions. EERA provides no guidance as to unit placement of employees who are neither certificated nor classified. For these reasons, noon-duty aides have no representation rights under EERA. more or view all topics or full text.
3412008/09/10
2107H Regents of the University of California
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32781(e)(1) codifies the Board’s determination in past decisions that increasing the size of an established bargaining unit by 10 percent or more necessarily creates a question concerning representation. The regulation does not grant discretion to require proof of majority support among positions to be added to an established bargaining unit when the addition would increase the size of the unit by less than 10 percent. more or view all topics or full text.
348105/10/10
A382S State of California (Department of Corrections and Rehabilitation)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Phone call to Appeals Assistant requesting a copy of exhibit not served on requesting party did not violate prohibition on ex parte communications in PERB Regulation 32295. Rejection of sealed exhibit not served on opposing party and filed for the purpose of in camera review by the Board was necessary to prevent ex parte communication in violation of PERB Regulation 32295. more or view all topics or full text.
344412/30/09
2050M Service Employees International Union Local 721 (Hagans and Toole)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32635(b) prohibits a party from presenting new allegations and new supporting evidence in an appeal before PERB, unless good cause is shown. Allegations and evidence presented for the first time on appeal predated the Board agent’s dismissal letter and therefore were known to charging parties, yet they did not present them to the Board agent in an amended charge. Therefore, good cause did not exist for Board to consider new allegations and supporting evidence. more or view all topics or full text.
3313107/20/09
2051M Service Employees International Union Local 721 (Hagens and Toole)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32635(b) prohibits a party from presenting new allegations and new supporting evidence in an appeal before PERB, unless good cause is shown. Allegations and evidence presented for the first time on appeal predated the Board agent’s dismissal letter and therefore were known to charging parties, yet they did not present them to the Board agent in an amended charge. Therefore, good cause did not exist for Board to consider new allegations and supporting evidence. more or view all topics or full text.
3313207/20/09
2035M Solano County Fair Association
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32635(b) prohibits a party from presenting new supporting evidence in an appeal before PERB, unless good cause is shown. more or view all topics or full text.
3310206/09/09
2017S State of California (Department of Personnel Administration)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32635(b). On appeal, the union presents new allegations in support of its claim that the employer retaliated against the union's officers and members. The union makes no attempt to demonstrate why good cause exists to consider these allegations on appeal. more or view all topics or full text.
336804/01/09
A375S Service Employees International Union Local 1000 (Isom)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32136 authorizes the Board to excuse a late filing upon a showing of good cause. Charging party's failure to review and comply with the extension of time request procedure set forth in the dismissal letter does not excuse a late filed extension request. more or view all topics or full text.
3212208/13/08
A374E Compton Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Charging party’s request to file a late amended charge is treated as an appeal of the dismissal of the charge. PERB Regulation 32136 provides in pertinent part: “A late filing may be excused in the discretion of the Board for good cause only.” more or view all topics or full text.
328305/16/08
1838M Sacramento Municipal Utility District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32136 grants the Board the discretion to excuse a late filing for good cause. PERB Regulation 32621 authorizes a charging party to file an amended charge before the Board agent issues, or refuses to issue, a complaint. PERB Regulation 32615(a)(5) requires an unfair practice charge to contain a clear and concise statement of the conduct allege to constitute an unfair practice, including the “who, what, when, where and how” of an unfair practice. more or view all topics or full text.
3011705/10/06
A367S State of California (Information Technology Bargaining Unit 22 and Service Employees International Union Local 1000/California State Employees Association)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB has enacted a series of regulations allowing for severance petitions and the procedures to be followed. (PERB Regs. 40200 through 40260.) Under PERB’s severance petition rules, the first step to establish such a unit of employees is to file a severance petition which is accompanied by proof of majority support in the unit claimed to be appropriate. (PERB Reg. 40200(a) and (b).) This proof of support is defined by PERB Regulation 32700. PERB Regulation 32700’s provisions specify that the proof of support must demonstrate that the employee desires to be represented by the employee organization and what information must be provided as to each employee signing the proof of support. There is no language in these proof of support regulations or any PERB rules governing severance petitions which provides that this demonstration of an employee’s desire to be represented may be controverted by a showing that the employee has subsequently withdrawn his or her support. Because no PERB regulations exist authorizing the use of signature revocations, we find that the Board agent improperly accepted the exclusive representative’s authorization revocation cards to determine if the proposed unit had proof of majority support. more or view all topics or full text.
3115411/06/07
A370H Regents of the University of California
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32136 permits the Board to excuse a late filing if the excuse is reasonable and credible. Where steward knew on October 10, 2007, that charging party’s factual letter had not been included in a charge that had been dismissed by PERB, failure to file the letter as an appeal of the dismissal until 22 days after that knowledge precludes the Board from finding good cause for a late filing under PERB Regulation 32136. more or view all topics or full text.
324702/29/08
A372E California School Employees Association and Its Chapters 246, 336 and 617
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Under PERB Regulation 32136, the Board may excuse a late filing for good cause. The Board has found good cause in situations where the justification was “reasonable and credible.” The Board has deemed “honest mistakes,” such as mailing or clerical errors, to show good cause. In this case, the Board excused a late filing based upon an attorney’s plausible explanation that an ordinarily reliable clerical employee inadvertently neglected to file the document by fax or personal service but still timely served CSEA with the appeal. Upon being notified that it failed to file its appeal with PERB, the District immediately faxed the document to PERB. Therefore, the justification was “reasonable and credible.” If justification for the late filing is “reasonable and credible,” the Board then evaluates whether there is prejudice to the charging party. Here, the proof of service showed the document to have been properly and timely served on CSEA. more or view all topics or full text.
327204/21/08
1942C Fresno County Superior Court * * * OVERRULED IN PART by County of Sacramento (2013) PERB Decision No. 2315-M
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32320 allows the Board to issue its decision based upon the record of the hearing and gives the Board broad discretion in its review of an ALJ’s proposed decision. The Board is free to draw its own conclusions from the record apart from those of the ALJ. The Board could not adjudicate employee organization’s claims that the disciplinary procedures in the court reporters’ pre-hire agreement were an unlawful unilateral decision and constituted unlawful bypass, because the factual allegations did not include a “clear and concise statement of the facts and conduct alleged to constitute an unfair practice” as required by PERB Regulation 32615(a)(5). more or view all topics or full text.
323801/31/08
1937M City of Commerce
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
As good cause was not shown, the Board did not consider the association’s new charge allegations or new supporting evidence regarding the MOU grievance procedures and provisions on appeal. (PERB Reg. 32635(b).) Under the MMBA a charge must include the applicable local rules alleged to have been violated. (PERB Reg. 32615(a)(4). PERB has authority to review as an unfair practice charge the violation of local rules and regulations passed by a public agency pursuant to MMBA sections 3507 or 3507.5. (MMBA sec. 3509(b); PERB Regulation 32604(e). more or view all topics or full text.
323301/11/08
1927M Bay Area Air Quality Management District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32164(a) provides that an “employee, employee organization or employer” may file an application for joinder. A party who does not fall within one of those three categories lacks standing to file such an application. PERB Regulation 32164(d) authorizes the Board, on its own motion, to order joinder of a party in specific situations. Joinder by the Board pursuant to this regulation is appropriate when the party has an interest that is related to the subject matter of the unfair practice charge at issue. more or view all topics or full text.
3115311/06/07
1835S State of California (Department Of Transportation)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32615(a)(5) requires an unfair practice charge to contain a clear and concise statement of the conduct allege to constitute an unfair practice, including the “who, what, when, where and how” of an unfair practice. more or view all topics or full text.
3010804/10/06
1771H Regents of the University of California
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Under PERB Regulation 32615(a)(5), the charging party must provide a “clear and concise statement of the facts and conduct alleged to constitute an unfair practice.” Mere speculation, conjecture or legal conclusions are insufficient. Sarka’s belief that the Independent Party Reviewer was an agent comprises “mere speculation, conjecture or legal conclusions.” more or view all topics or full text.
2914406/24/05
1769E American Federation of Teachers Local 1521 (Paige)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
The appeal did not meet the specificity requirements of PERB Regulation 32635(a)(1). more or view all topics or full text.
2913906/10/05
A348E United Teachers of Los Angeles
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32136 grants the Board the discretion to excuse a late filing for good cause. Charging Party did not explain how his illness prevented him from timely filing. Evidence of a number of doctor visits does not satisfy an obligation to make a conscientious effort to timely file; p. 3. more or view all topics or full text.
2914106/10/05
A349E American Federation of Teachers College Staff Guild, Local 1521
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32136 grants the Board the discretion to excuse a late filing for good cause. Charging Party did not explain how his medical condition, or how litigation pending in another forum, prevented his conscientious effort to timely file; p. 3. more or view all topics or full text.
2914206/17/05
1759E Stockton Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Regulation 32130(c) granted the charging party a five-day extension of time to file its appeal because the dismissal of the charge was served by mail; p. 2. more or view all topics or full text.
2910403/28/05
1743E Los Angeles County Office of Education
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
The charge did not provide a clear and concise statement of the facts as required by PERB Regulation 32615(a)(5) that would state a prima facie case of discrimination. The Board agent advised Cummings of this in the warning letter but Cummings did not file an amended charge. The Board found Cummings’ appeal to be timely under PERB Regulation 32130(c), the Board’s version of the “mailbox rule.” Under PERB Regulation 32635(b), Cummings did not show good cause to present new evidence on appeal. The evidence predated the warning letter and so was known to Cummings before filing the appeal. In addition, Cummings was advised of the deficiencies in his charge but did not file an amended charge. more or view all topics or full text.
296001/26/05
1750S California State Employees Association (Chen)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Chen did not show good cause to raise new details for the first time on appeal under PERB Regulation 32635(b). Chen was aware of these facts from CSEA’s response to the charge and the Board agent’s warning letter but neglected to file an amended charge. more or view all topics or full text.
297502/07/05
A346E Lodi Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Under PERB Regulation 32136, the Board may excuse a late filing for good cause. The Board has found good cause in situations where the justification was “reasonable and credible.” The Board has deemed “honest mistakes,” such as mailing or clerical errors, to show good cause. In this case, the Board excused a late filing based upon an attorney’s plausible explanation that an ordinarily reliable clerical employee inadvertently neglected to file the document by fax or personal service resulting in the filing occurring one day late. Therefore, the justification was “reasonable and credible.” If justification for the late filing is “reasonable and credible,” the Board then evaluates whether there is prejudice to the charging party. Here, the proof of service showed the document to have been properly and timely served on CSEA. more or view all topics or full text.
299202/11/05
1540Sa State of California (Department of Corrections)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Vickers’ request did not meet the requirements of PERB Regulation 32410 because it neither contained the requisite specificity nor alleged the limited grounds that could support a grant of reconsideration. more or view all topics or full text.
288502/24/04
1760H Trustees of the California State University
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Regulation 32178 provides that the charging party has the burden of proof. In this case, the union failed to present any rebuttal evidence to show that the witness' testimony concerning the Skelly hearing policy was incorrect; p. 13. more or view all topics or full text.
2910503/30/05
1716E California School Employees Association and Its Chapter 183 (Richards)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32635(b) requires a showing of good cause to present new supporting evidence on appeal. As Richards has not explained the need to raise new evidence at this time, and not in the charge or amended charge, he has not shown good cause to raise the new evidence on appeal. more or view all topics or full text.
292211/30/04
1621Ma International Association of Firefighters Local 55 (Waqia)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Waqia did not meet the limited grounds for reconsideration under PERB Regulation 32410. He merely reargued the issues raised on appeal. For the first time in this request, Waqia alleges that Local 55 did not pursue arbitration of his grievance because of racial and religious bigotry. This allegation is unsupported by facts or evidence. more or view all topics or full text.
2818306/17/04
1606E California School Employees Association-Chapter 244 (Guitierrez)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
The slander allegation, which was timely filed, lacked any specificity regarding dates of occurrence, circumstances, the nature of the alleged slander, or the context of CSEA’s refusal to grieve the issue did not meet the requirements of PERB Regulation 32615(a)(5) and does not state a prima facie case. more or view all topics or full text.
289302/26/04
1620M Alameda County Medical Center
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Kimbrough did not show good cause under PERB Regulation 32635(b) to raise new allegations in her appeal claiming violations by SEIU Local 535. This information was known to Kimbrough at the time her charge was being processed. more or view all topics or full text.
2814204/21/04
1582H University Professional and Technical Employees, Communications Workers of America Local 9119 (Trout)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Trout as a non-member does not have the right to petition the Board for compliance with HEERA section 3587. This opinion is supported by the Board’s promulgation of PERB Trout as a non-member does not have the right to petition the Board for compliance with HEERA section 3587. This opinion is supported by the Board’s promulgation of PERB Regulation 32125(a) after the Board’s split decision on this issue in California Teachers Association and National Education Association (Link) (1981) PERB Order No. Ad-123. Thus, Trout, as a non-member, has no remedy under HEERA section 3587.The phrase “belonging to the organization” in PERB Regulation 32125(a) connotes membership. This phrase may be distinguished from PERB requirements under the Dills Act section 3515.7(e) that require financial records be made available to “the employees in the unit. more or view all topics or full text.
285901/13/04
1600M County of San Joaquin
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Local 790’s allegation on appeal that the charge incorporated by reference the mediator’s findings regarding failure to provide information is ambiguous. If it refers to “changed conditions” or “retaliation” allegations in the charge, then this allegation is dismissed under PERB Regulation 32615(a)(5), which requires a charge to contain a clear and concise statement of the facts. Otherwise, Local 790 appears to raise a new issue on appeal and under PERB Regulation 32635(b) has not provided good cause to present new allegations on appeal. more or view all topics or full text.
288602/24/04
1578H California Nurses Association (O'Malley)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
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.
284612/31/03
A322E Chula Vista Elementary EA, California Teachers Association
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Under PERB Reg. 32155, absent some evidence of subjective bias or material disparity in case processing, there is no basis to disqualify a Board agent. more or view all topics or full text.
275404/11/03
A325E United Teachers of Los Angeles
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Under PERB Reg. 32136, Board will excuse a late filing where there is a non-prejudicial delay of short duration that resulted from circumstances beyond the control of the filing party or from excusable misinformation and where the filing party’s explanation was either credible on its face or was corroborated by other facts or testimony. Here, the requesting party provided only an unsworn, uncorroborated and unexplained statement that the dismissal was lost in the mail. This does not support good cause in face of a sworn proof of service. more or view all topics or full text.
278505/22/03
1506E Santa Clarita Community College District (College of the Canyons)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Reg. 32781: By operation of the very language empowering PERB to make rules, the regulations must be enacted and construed in conformity with the provisions, purposes and policies of EERA. more or view all topics or full text.
273501/08/03
1544E Oakland Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Pursuant to PERB Reg. 32615, Board dismissed charge where charging party failed to provide a clear and concise statement of the facts and conduct alleged to constitute an unfair practice. more or view all topics or full text.
2711207/23/03
A305H Trustees of the California State University
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
The Board reversed the rejection by the Appeals Assistant of an untimely filed document. The Board found good cause for the late filing pursuant to PERB Regulation 32136, based on the fact that had the document been mailed by certified or express mail on the same day it was mailed by regular first class mail, it would have been accepted as timely. The explanation for the error, set forth in an unrefuted declaration, was not so unreasonable as to be unbelievable and there was no evidence of prejudice resulting from the deficient filing. more or view all topics or full text.
253202212/11/00
A226E Gilroy Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Reg. 32738 requires objections to elections be based on two grounds. more or view all topics or full text.
162300712/12/91
A227S State of California (Department of Corrections) (California Correctional Peace Officers Association)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Board stayed hearing pending Board's decision on appeal of a motion to dismiss and defer to arbitration; pp. 1-2. more or view all topics or full text.
162300812/16/91
A228Ea Los Angeles Unified School District (Woods)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32410--Restatement of arguments considered and rejected by the Board in its underlying decision does not state proper grounds for reconsideration; p. 2. more or view all topics or full text.
162305403/19/92
A229E Riverside Community College District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32635 Association has not provided good cause to excuse its failure to raise the allegation that deferral to arbitration would be futile below; p. 8. more or view all topics or full text.
162304602/27/92
A230E Sonoma County Office of Education
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32136. Although an explanation was provided for the misdirection of the documents, appellant failed to offer any explanation for its failure to timely file its exceptions. The Board is, therefore, precluded from finding that good cause exists to excuse the late filing; p. 5. more or view all topics or full text.
162305703/23/92
A221Sa State of California (Department of Personnel Administration) (California State Employees Association)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32410 - Board denied request for reconsideration where party merely restated arguments made in its previous appeal; p. 3. more or view all topics or full text.
152212107/10/91
A222E Inglewood Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32646: Motion to dismiss on the grounds of deferral to arbitration is properly before the Board on appeal of an ALJ's denial of a motion to dismiss at the pre-hearing stage under PERB Regulation 32646. Reg. 32646 does not permit an appeal to the Board of a Board Agent's denial of a motion to dismiss on the grounds of untimeliness. more or view all topics or full text.
152211006/24/91
A217E Calipatria Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32130; 32135: Where regulations clearly specify the time, place and method for filing appeals, CCP section 1013 does not create an alternate method of filing; pp. 7, 10. A late filing will not be excused where there is no attempt to file in accordance with the regulations - certain clerical error have been excused under the good cause standard; p. 11. Where the problem is not complex or debatable and the law is settled, a mistake of law will not excuse a late filing p. 13. Lack of prejudice to the opposing party will not, by itself, excuse a late filing. An attorney's desire to avoid unnecessary expenses associated with standard filing requirements does not excuse a late filing; p. 13. more or view all topics or full text.
142121211/07/90
A218E California School Employees Association (Gilligan)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32136, the Board found no good cause to excuse a late filing since the Board had granted charging party an extension of time in which to file her appeal and she failed to file by the extended deadline. more or view all topics or full text.
152200112/07/90
A219E Pasadena Area Community College District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32380, precludes interlocutory review of determination that proof of support is adequate. Here, Board declined to address contention that proof of support was procured through employer domination; pp. 2-3. 33237, provides Board agent may conduct hearing in representation matter where appropriate; p. 4. more or view all topics or full text.
152201412/17/90
A221S State of California (Department of Personnel Administration) (California State Employees Association)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
(32728) When a party agrees to explicit voter eligibility and challenged ballot provisions of a consent election agreement, the voter eligibility provisions of PERB Regulation 32728 are inapplicable; p. 13. (32380(a)) PERB Regulation 32380(a) does not preclude appeal involving the proper interpretation of a consent election agreement, especially when the election has proceeded and the ballots are ready to be counted; p. 14. 40430 provides support for PERB to take action under a CEA to protect section 3515. more or view all topics or full text.
152210906/20/91
A209Ea Apple Valley Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32410: Purported errors of law do not constitute proper grounds for reconsideration; p. 3. more or view all topics or full text.
142118409/19/90
A210H Regents of the University of California (Veldhuizen and Shyne)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32370 Request for stay denied, appeal having been decided; p. 3. 32190; 32200 Interlocutory appeal denied on grounds that Board agent declined to join in the appeal; pp. 2-3. more or view all topics or full text.
142112806/20/90
A212E San Ramon Valley Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32646: Board stayed hearing pending Board's decision on appeal of a motion to dismiss and defer to arbitration; pp. 1-2. more or view all topics or full text.
142117309/10/90
A216E San Jose-Evergreen Community College District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32763 - PERB has discretionary authority to conduct a hearing where there are factual issues that are inconsistent or diametrically opposed; p. 8. more or view all topics or full text.
142120310/29/90
A202H Regents of the University of California (Davis, Los Angeles, Santa Barbara and San Diego) (Flacks, et al.)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32136, late filing excused where a filing would have been timely had document been mailed by certified or express mail, where attorney's explanation for late filing was not implausible, and where opposing party demonstrated no prejudice resulting from the deficiency in the filing; pp. 2-3. more or view all topics or full text.
142103212/29/89
A204E Inglewood Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32380, determination that a petitioner's proof of support is adequate is an interlocutory ruling which is not appealable; pp. 2-3. more or view all topics or full text.
142107303/28/90
A205E Inglewood Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32646(b), the Board granted stay of hearing pending Board's decision on District's appeal of ALJ's denial of a motion to dismiss and defer District's appeal of ALJ's denial of a motion to dismiss and defer to to binding arbitration; p. 2. 32370, the Board granted stay of hearing pending Board's decision on District's appeal of ALJ's denial of a motion to dismiss and defer to binding arbitration; p. 2. more or view all topics or full text.
142108303/30/90
A188E Coronado Unified School District (Goodman)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32140(b) Absent extraordinary circumstances, Board will not excuse failure to timely serve appeal on opposing party; pp. 3-6. General assertion of unavailability of counsel insufficient to demonstrate good cause for extension of time; pp. 6-7. more or view all topics or full text.
132014406/27/89
A191S State of California (Department of Personnel Administration) (California Union of Safety Employees and California State Peace Officers Association)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
40260(b), under PERB Regulation 40260(b), there must be a valid and binding MOU currently in effect between the employer and the union representing the unit in question at the time that the petition is filed in order to effectively bar the filing of a severance petition; p. 5. more or view all topics or full text.
132017408/24/89
A192H California State University (Statewide University Police Association)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32136, good cause found where late filing of exceptions was due to error in setting postage meter and no prejudice to opposing party was shown; pp. 4-5. more or view all topics or full text.
132018409/11/89
A199E Richmond Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32781, employee organization had no standing to request a unit modification under Regulation 32781(a)(1), (b)(2) or (3) to add employees currently represented by another exclusive representative; p. 3, admin. determination. more or view all topics or full text.
132022711/06/89
A176S State of California (Department of Personnel Administration) (California State Employees Association and California Union of Safety Employees)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
(Reg. 32215) PERB Regulation 32215, Board orders Regional Director to submit record to the Board itself for decision; p. 1. more or view all topics or full text.
12/01/88
A177H California State University (California Faculty Association)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32793(c), no abuse of discretion in regional director's determination of impasse as regional director fairly and reasonably weighed the enumerated factors in PERB Regulation 32793(c); pp. 1-2. more or view all topics or full text.
132000812/16/88
A177Ha California State University (California Faculty Association)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32410, mere restating of arguments previously considered and rejected by the Board in the underlying decision does not constitute a proper ground for reconsideration; p. 2. more or view all topics or full text.
132004802/15/89
A185E Imperial Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32370 Request for stay of hearing pending administrative appeal granted; p. 1. more or view all topics or full text.
132012206/08/89
A186E Calipatria Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32370 32646(b) By its own motion, Board stays hearing while it decides appeal of denial of motion to dismiss and defer to binding arbitration; p. 1. more or view all topics or full text.
132012406/09/89
A187Ea Jamestown Elementary School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32410(a) Purported error of law is not a proper ground for reconsideration; p. 2. more or view all topics or full text.
132018609/05/89
A170E Alhambra City and High School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32136, attorney's misimpression that the time for filing an appeal had already passed does not constitute extraordinary circumstances to excuse late filing; p. 2. more or view all topics or full text.
121910706/20/88
A172E Oakland Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32770, in interpreting PERB Regulation 32770(b) requiring 30% proof of support, Board holds that 30% showing must be based on the number of eligible voters, not the established unit; p. 6. more or view all topics or full text.
121912507/14/88
A163Ea Santa Monica-Malibu Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32410, mere reiteration of argument previously considered and rejected by the Board in the underlying decision is not a proper ground for reconsideration; p. 3. 32410, request deficient because it fails to articulate why the cases cited by the Board or regional director are not sufficiently analogous to be instructive nor why the Board's interpretation of it's regulations was otherwide in error; pp. 3-4. more or view all topics or full text.
111811306/23/87
A167E Los Angeles City and County School Employees Union (Kimmett)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32125, as appeal consisted solely of submission of copy of financial report form originally submitted to PERB, Board rejected appeal of dismissal of financial statement complaint for failure to comply with PERB Regulation 32125(a); p. 3. more or view all topics or full text.
12/18/87
A158Ea Alum Rock Union Elementary School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32410, mere reassertions of legal arguments considered and rejected by the Board in an underlying decision does not consititute extraordinary circumstances justifying reconsideration; p. 3. No reconsideration where party does not allege that the Board's decision contains prejudical errors of fact or newly discovered evidence or law which was not previously available; p. 3. more or view all topics or full text.
111801812/30/86
A162E Los Angeles Unified School District (Watts)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
(32920) Pursuant to Regulation 32920(b)(5) and (b)(7) District's voluntary compliance with a cease and desist order and an order to post is a sufficient remedy; p. 4. more or view all topics or full text.
111804702/05/87
A163E Santa Monica-Malibu Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32140, decertification petition timely filed despite failure to concurrently serve petition on other parties. 32140, Board excused failure to abide by concurrent service requirement of regulation 32140(b) based on actual notice of the other parties and lack of evidence of a fraudulent filing of a false proof of service; pp. 2-3. more or view all topics or full text.
111808004/15/87
A155E Los Angeles Unified School District (Wightman)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
As PERB Regulation 32140(b) was repealed and declared invalid by the Board in Lake Elsinore S.D. (1986) PERB Order No. Ad-154, Board extended time for filing exceptions and accepted charging party's exceptions as timely filed, p. 4. more or view all topics or full text.
101712206/24/86
A156S State of California (Department of Personnel Administration) (Communications Workers of America)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32720, PERB approved the parties agreement for a consent election. As no events transpired requiring the withdrawal of PERB's approval, PERB ordered the election to proceed; pp. 11-12. more or view all topics or full text.
101712906/27/86
A157E Fontana Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32136; 32130: Mail delays generally do not constitute extraordinary circumstances; p. 5. By waiting to mail, by regular mail, its appeal until the day before a long weekend, the Association took the obvious risk that its appeal would not arrive in a timely fashion. Board found no extraordinary circumstances which would excuse the untimely filing; pp. 5-6. more or view all topics or full text.
101714607/31/86
A154E Lake Elsinore School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32300, as PERB's regulations establish that the appeal period runs from the date of service of the proposed decision, then CCP section 1013 applies if service occurs by mail; p. 6. more or view all topics or full text.
101711706/12/86
A126E Marin Community College District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
36030, while determination of impasse implies that parties attempted in good faith to reach agreement, it is not possible within statutory time frame to make a full determination of good faith. Board agents satisfy requirements by applying guidelines set out in PERB Regulation 36030(c). more or view all topics or full text.
61309704/21/82
A099H Phase II Professional and Operations Hearings (Higher Education Employer-Employee Relations Act-University of California)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32133 requires demonstration by moving party of extraordinary circumstances before the Board will excuse a late filing; response to an administrative appeal of a showing of interest determination rejected as untimely where no such showing made; p. 4. more or view all topics or full text.
41117309/29/80
A091E Los Angeles Community College District (Watts)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
37060 allows regional director to dismiss complaint upon showing of voluntary compliance; 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; p. 3-4, regional director's dismissal more or view all topics or full text.
41110306/16/80
A093S State Employer-Employee Relations Act - Service Employees International Union, Local 411
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32410 necessitates a finding of extraordinary circumstances prior to the granting of a request for reconsideration; this standard not satisfied where employee organization seeks reconsideration of the ballot-eligibility cut-off date established in previous unit determination decision and regional director's denial of its status of "election requestor" on the ballot, but where appellant is eligible to appear on the ballot, the ballot does not distinguish between requestors and intervenors, and placement of names on ballot is determined by the parties or by chance. more or view all topics or full text.
41110606/11/80
A094E Solano Community College District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
33050 provides procedure to be followed for request for recognition by an employee organization; appeal of dismissal of decertification petition denied where petition sought to carve out new unit of all classified employees; petition should have been filed as a request for recognition pursuant to PERB Regulation 33050; dismissal letter. more or view all topics or full text.
41112907/11/80
A095E Marin County Office of Education
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
33240 requires an employee organization filing a decertification procedure to submit a sufficient showing of support; dismissal of decertification petition proper where employee organization failed to make such a showing; absent showing of intentional misconduct, incorrect information supplied to employee organization by employer, as to unit size, which allegedly resulted in inadequate showing of support, does not affect required show of support under 33240; p. 2. more or view all topics or full text.
41113007/10/80
A098E Santa Clara County Superintendent of Schools, Office of the
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32133 requires demonstration by moving party of extraordinary circumstances before the Board will excuse a late filing; exceptions rejected as untimely where no such showing made. more or view all topics or full text.
09/17/80
A084E Oakland Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32726, regional director's order that employer provide employee list with home addresses is non-appealable under PERB Regulation 32380 unless employer can show order violated Regulation 32726, by demonstrating that harm to the employees will result from such an order or the existence of some law precluding the release of employee addresses; pp. 3-4. 32726, regional director is without discretion under PERB Regulation 32726 either as to the requirement that an employee list be produced or as to the identity of the employees whose names and addresses are included on the list; p. 3. 32380 does not provide for appeal of an order of the regional director that an employee name/address list be provided to an employee organization under Regulation 32726, unless an employer alleges order violated Regulation 32726; pp. 3-4. organization under Regulation 32726, unless an employer alleges order violated Regulation 32726; pp. 3-4. more or view all topics or full text.
41106204/15/80
A088E Torrance Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32726, in employer appeal of regional director's determination that voter list in an election must list home addresses, legality of regulation is not properly litigated; regional director is without discretion in ordering compliance with regulation, absent an allegation that the order violated the rule; pp. 1-2. more or view all topics or full text.
41108005/06/80
A089E Richmond Unified School District (McClory)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
33580 provides that any party to an organizational security election may file an objection to the election; individual unit employee does not have standing to file an objection as individual employee is not a party under Regulation 33580. more or view all topics or full text.
41108505/15/80
A090E Cabrillo Community College District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32350 provides definition of administrative decision; motion to dismiss a request for recognition made during the course of a representation hearing not appealable through administrative appeal process; p. 2. 32215 requires Board agent conducting hearing to submit proposed decision at the close of a formal hearing; motion to dismiss a request for recognition made during the course of a representation hearing must be addressed by the Board agent in a proposed decision under 32215; p. 2. more or view all topics or full text.
41108805/19/80
A083E Redondo Beach City School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32133, PERB Regulation 32133, now Regulation 32136, requires a showing of extraordinary circumstances before a late filing will be accepted; where party asserts that its request for PERB to join it in seeking judicial review of unit determination was untimely filed due to modification of PERB order determining appropriate unit, late filing not excused under extraordinary circumstance standard of PERB Regulation 32133, now Regulation 32136, where the modification of the Board order did not bear on any substantative issue under consideration; time for filing an appeal of unit determination runs from the service date of Board's original order under PERB Regulation 32500; pp. 3-4. 32136, PERB Regulation 32133, now Regulation 32136, requires a showing of extraordinary circumstances before a late filing will be accepted; where party asserts that its request for PERB to join it in seeking of extraordinary circumstances before a late filing will be accepted; where party asserts that its request for PERB to join it in seeking late filing not excused under extraordinary circumstance standard of PERB Regulation 32133, now Regulation 32136, where the modification of the Board order did not bear on any substantative issue under consideration; time for filing an appeal of unit determination runs from the service date of Board's original order under PERB Regulation 32500; pp. 3-4. more or view all topics or full text.
41105704/01/80
A067E Bassett Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32410 does not permit the same party from repeatedly filing requests for reconsideration. However, a different party aggrieved by a reconsideration decision may request further reconsideration. more or view all topics or full text.
31009007/03/79
A069E Los Gatos Joint Union High School District (Blakiston)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
33240 - The determination of the sufficiency of a decertification petition is, in the first instance, within the province of the regional director. 33250 - The determination of the sufficiency of a decertification petition is, in the first instance, within the province of the regional director. 33460 - Regional director's administrative authority also extends to the election process. more or view all topics or full text.
31009307/06/79
A072E Fresno Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32168 authorizes the Board to conduct hearings but transfer of a hearing to the Board must be initiated by the Board. more or view all topics or full text.
31010007/19/79
A056E Fremont Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32320 provides that Board may affirm, modify or reverse a proposed decision, order the record reopened for taking of further evidence or take such other action as it considers proper; case is remanded to general counsel where two versions of proposed decision issued and Board is unsure which version represents hearing officer's intent; general counsel instructed to assign to hearing officer with a direction for him to make a determination as to which is correct version and serve parties with notice thereof; parties to have 10 additional days from notice to file additional exceptions to proposed decision; pp. 1-2. more or view all topics or full text.
01/31/79
A049E Pittsburg Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
33030 requires signatures submitted as proof of support in representation matters must be dated; this section applies to decertification petitions; p. 6. more or view all topics or full text.
2221010/20/78
A050E Taft Union High School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
33250(b) requires dismissal of a decertification petition whenever either of the conditions of EERA section 3544.7(b) are satisfied or when representation election result has been certified by the Board within 12 months preceding the filing of the petition; p. 3. more or view all topics or full text.
31000012/08/78
A051E El Centro School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
33260 requires that regional director entertain petition for unit modification when its requirements and statutory requirements are satisfied; Board resolution passed before promulgation of Regulation 33260 is not controlling over this regulation; p. 6. more or view all topics or full text.
31000901/02/79
A052S State of California (California State Communications Association)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32133 provides that a late filing may be excused by the Board if extraordinary circumstances are demonstrated which prevented a timely filing; rule applies to both SEERA and EERA; test is whether party demonstrates circumstances which were out of the ordinary, remarkable, unpredictable or far exceeding the usual circumstances preventing a timely filing; p. 3. more or view all topics or full text.
31001001/02/79
A053E Los Angeles Unified School District (Kimmett)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
37010 allows any individual who is resident of school district involved in complaint, or who is parent or guardian of student in district or an adult student in the district, to file public notice complaint; complaint dismissed where complainant does not meet one of these criteria; p. 3. PERB Regulation 37010 requires dismissal of public notice complaint where allegations known to complainant occurred more than 30 days prior to the filing of the original complaint; p. 5, notice of dismissal. more or view all topics or full text.
31001401/08/79
A055E Sacramento City Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32133 states that late filing may be excused in the discretion of the Board only under extraordinary circumstances; executive assistant's rejection of Response to Exceptions which was untimely filed affirmed, where proffered justification for late filing was secretary's mistake as to proper due date and illness of secretary; p. 2. more or view all topics or full text.
31002801/29/79
A047E Lemoore Union High School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
34020(b)(5) requires that petition for rescission of organizational security clause include language of the clause sought to be rescinded; to avoid confusion on what clause is being voted on, text of the submitted clause appears on each ballot; p. 5. more or view all topics or full text.
2219909/22/78
A048E Oakland Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
34020 allows "group of employees" to file request for rescission election of organizational security arrangement; Board upheld regional director's determination that non-exclusive representative did not have standing under this section to file request for rescission election; p. 13. more or view all topics or full text.
2220510/19/78
0910H California State University, San Francisco
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32300(b): Board refuses to consider evidence sought to be entered into record on appeal of proposed decision before the Board. more or view all topics or full text.
152217811/18/91
0911E Cloverdale Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32648 -- The ALJ allowed the association to amend the complaint to reflect the evidence produced at the hearing. The theory of law upon which the violation was based was not affected by the amendment of the factual basis for the charge; p. 22. more or view all topics or full text.
152217911/20/91
0906E California Teachers Association (Boynton)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32944(b)(2). Charging Party's agency fee rebate request rejected for failure to meet association's postmark filing requirement; pp. 3-4. more or view all topics or full text.
152216510/01/91
0908Ea Los Angeles Community College District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
(32410) Reconsideration is not appropriate where party restates an argument which was considered and rejected by Board in its underlying decision; pp. 2-3. more or view all topics or full text.
162302401/08/92
0899E California School Employees Association (Gilligan)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Reg. 32147 and 32212 permit an ALJ to expedite a matter before the Board. Use of the procedure in the absence of charging party's consent is not prejudicial where decision based solely on credibility determinations; p. 4. Charging party had not objected to the ALJ's decision to expedite until after the proposed decision issued. more or view all topics or full text.
152213908/30/91
0891H Regents of the University of California (American Federation of State, County and Municipal Employees)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32300(a) provides that a statement of exceptions shall specify the issues, pages and grounds with which each exception is taken to the ALJ's proposed decision. Subdivision (c) further provides that any exception not specifically argued is waived; p. 5, fn. 4. more or view all topics or full text.
152211707/03/91
0892E American Federation of Teachers Guild (Early)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32635: Board rejects appeal of dismissal of a charge on the grounds that it fails to comport with Regulation 32635 as it lacks specificity of issues on appeal, fails to identify specific portions of the dismissal being appealed, and contains no grounds for appeal. more or view all topics or full text.
152211907/03/91
0885E San Diego Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32640 expressly allows the Board to "disregard any error or defect in the complaint that does not substantially affect the rights of the parties." Thus, where the amended complaint merely reflects the allegations in the original unfair practice charge, it is consistent with this regulation and such an amendment does not substantially affect the rights of the parties. PERB Regulation 32647 and 32648, governing the amending of a complaint before and during a hearing, require the Board agent, in determining whether an amendment is appropriate, to consider the possibility of prejudice to the respondent. Since the amended complaint, issued sua sponte, reflects the allegations in the original unfair practice charge, the Board finds that there is no prejudice to the District (respondent). (respondent). more or view all topics or full text.
152210306/14/91
0884E Modesto City School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32781(b)(1) The removal of work from a bargaining unit may lawfully occur as a collateral affect of a unit modification petition when PERB statutory and regulatory procedures are followed, pp. 12-13. Board rejected MTA's contention that the duty to bargain should be imposed as a condition precedent to granting a unit modification petition under PERB Regulation 32781(b)(1); pp. 10-13. more or view all topics or full text.
152209906/03/91
0875E Los Rios Community College District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32635: As PERB Regulation 32635 only provides for the filing of an appeal and a statement in opposition to an appeal, Board did not consider charging parties' additional and supplemental statements in reaching its decision; p. 13. more or view all topics or full text.
152208105/14/91
0876Ea Glendora Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32410--Restatement of arguments previously made in its appeal and failure to identify any prejudicial errors of fact or newly discovered evidence or law which was not previously available and could not have been discovered with the exercise of reasonable diligence does not state proper grounds for reconsideration. more or view all topics or full text.
152211507/01/91
0870E United Teachers Los Angeles (Malin)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32635(b) - Charging party's allegations of causal connection between the union's actions and his protected activity will not be considered when raised for the first time on appeal; p. 2. more or view all topics or full text.
152205303/01/91
0871S State of California (Department of Personnel Administration) (California State Employees Association)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32781(b)(5) (Regulation was renumbered as 32781(b)(4) on January 1, 1989). Petitions assert the classifications were "supervisory," an issue previously decided, a question arose over whether the doctrine of res judicata (collateral estoppel) applied; pp. 4-5. more or view all topics or full text.
152206303/20/91
0861E Perris Union High School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32635 - Charging party failed to identify why "good cause" exists to consider any of the information not previously presented to the regional attorney; p. 3. more or view all topics or full text.
152201812/20/90
0863E Service Employees International Union (Watts)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
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. 32920 - Nature of assistance is technical only, and legal assistance is not mandated by regulation. more or view all topics or full text.
152202012/28/90
0860E Los Angeles Unified School District (United Teachers Los Angeles)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32130 - Board held that PERB Regulation 32130(c), providing that Code of Civil Procedure section 1013(a) extension applies to certain filings, applies to filing of post-hearing briefs with ALJ in that triggering mechanism for timeline is the mailing of the hearing transcript; p. 7. more or view all topics or full text.
152201512/19/90
0860Ea Los Angeles Unified School District (United Teachers Los Angeles)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32410(a) - Alleged errors of law not a proper ground for request for reconsideration pursuant to 32410(a), nor are alleged factual errors which constitute a misstatement of the ALJ and Board findings; pp. 2-3 more or view all topics or full text.
152205202/26/91
0856Ea Elk Grove Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32410: Board denied request for reconsideration on grounds that record was insufficient to establish that the Board was mistaken in its conclusion that the Association was not a party to the appeal; therefore, there were no extraordinary circumstances nor prejudicial errors of fact to justify reconsideration. more or view all topics or full text.
152205903/06/91
0853H California State University (Jenkins)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation 32615 provides that a charge alleging an unfair practice must contain "(5) a clear and concise statement of the facts and conduct alleged to constitute an unfair practice." Charging party failed to satisfy this requirement as he did not identify when the objected-to work rules were instituted, what specific rules were enforced, what union activity(s) the rules were instituted in response to, and when the statements by a supervisor were allegedly made; p. 8-9. PERB Regulation 32635 - Charging party failed to allege sufficient facts to satisfy the "good cause" standard required under PERB Regulation 32635(b) for presenting, on appeal, new supporting evidence that was not alleged in the original or amended charges; p. 9. more or view all topics or full text.
152200012/05/90
0845Ha California State University, Fresno
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32410(a) - Board denied request for reconsideration as decision contained no prejudicial errors of fact. more or view all topics or full text.
152204102/13/91
0846E United Teachers - Los Angeles (Glickberg)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32635: Board dismisses appeal where it does not identify portions of the dismissal challenged nor indicate grounds for appeal. more or view all topics or full text.
142120410/30/90
0847E Los Angeles Community College District (Hoodye)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB has no jurisdiction over allegations of racial discrimination and harassment against the District. (32635) Board denies appeal for failure to identify which portions of the dismissal are challenged and failure to indicate grounds for appeal. more or view all topics or full text.
142120510/30/90
0836E Temecula Valley Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32300 - Appeal dismissed based on charging party's failure to comply with regulations which requires party filing exceptions to a proposed decision to comply with the specific guidelines. Here, charging party failed to support exceptions with references to record. more or view all topics or full text.
142117109/07/90
0830E South San Francisco Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32635(b) - Unless good cause is shown, a charging party may not present on appeal of a dismisal new charge allegations or new supporting evidence; pp. 4-6. more or view all topics or full text.
142115107/26/90
0831Ea ABC Unified School District (American Federation of State, County and Municipal Employees)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Reg. 32410 - The failure to serve respondent with a request for withdrawal is a denial of due process and constitutes extraordinary circumstances sufficient to grant reconsideration. more or view all topics or full text.
142121611/16/90
0831Eb ABC Unified School District (American Federation of State, County and Municipal Employees)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Reg. 32325 - Board agent has discretion to grant charging party's request to withdraw after a complaint has been issued; p. 3. Reg. 32320 - After exceptions have been filed, the Board has the discretion to grant the charging party's request to withdraw its charge. more or view all topics or full text.
152206603/27/91
0832Ea Los Angeles Unified School District (Watts)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32155 - Where party fails to demonstrate that comments made by him regarding the facts of the underlying case before PERB members at a public meeting resulted in prejudice, reconsideration will not be granted; p. 4. 32410 - Reconsideration is not appropriate where party restates an argument which was considered and rejected by the Board in its underlying decision; pp. 4-5. 32410 - Where party fails to demonstrate that comments made by him regarding the facts of the underlying case before PERB members at a public meeting resulted in prejudice, reconsideration will not be granted; p. 4. more or view all topics or full text.
142120110/25/90
0827E Oakland Education Association (Baker)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Appeal of dismissal rejected for failure to comply with regulation governing appeals, in that appeal failed to indicate what portions of dismissal were being challenged or the grounds for such challenge; p. 2. more or view all topics or full text.
142114407/10/90
0829Ha Regents of the University of California (Fried, et al.)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
(32410) Request for reconsideration denied where party merely reiterated arguments previously considered and rejected by the Board in the underlying decision. more or view all topics or full text.
142118509/19/90
0818E Oakland Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Statement of tax expert that he thought he could convince the IRS that money-purchase plan had changed to a profit-sharing plan is speculative and insufficient to meet the charging party's burden of proof; p. 16. more or view all topics or full text.
142112906/21/90
0818Ea Oakland Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32410 - Arguments previously considered and rejected do not constitute proper grounds for reconsideration; p. 2. 32410 - Declaration of attorney for trustees of annunity plan not newly-discovered evidence because issue addressed was intrinsic to dispute and no showing that the witness or evidence was not previously available; pp. 6-7. more or view all topics or full text.
142117709/17/90
0806H Regents of the University of California (University of California-American Federation of Teachers)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32215 ALJ proposed decisions are nonprecedential and binding on the parties only with respect to the specific controversy involved; pp. 2-5; fn. 2, warning letter. more or view all topics or full text.
142110005/07/90
0807E North Orange County Regional Occupational Program
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
(32136) Good cause shown to excuse late filing where exceptions mistakenly filed before deadline but in wrong office and where no prejudice to opposing party; p. 4-5. (32300) Good cause shown to excuse late filing where exceptions mistakenly filed before deadline but in wrong office and where no prejudice to opposing party; pp. 4-5. (32310) Consistent with Reg. 32310, opposing party given 20 days from service of Board's decision to excuse late filing of exceptions to file a response to the exceptions; p. 6. more or view all topics or full text.
142110605/15/90
0808Ea Woodland Joint Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
(32320(a)(1)) Board is free to draw its own conclusions from the record apart from those made by ALJ; p. 3. (32410) Board denied request for reconsideration on grounds findings of fact were supported in the record or were not relied upon by the Board in arriving at its ultimate conclusion. Other arguments made by the District were rejected on the grounds they merely restated arguments previously considered and rejected by the Board and therefore do not constitute proper grounds for reconsideration. more or view all topics or full text.
142116308/17/90
0810Sa State of California (Department of Parks and Recreation) * * * OVERRULED by State of California (Department of Corrections) (1995) PERB Decision No. 1100-S
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32410 - Claim that Board's decision contained errors of law does not state a proper ground for reconsideration pursuant to Reg. 32410; p. 3. more or view all topics or full text.
142115408/01/90
0799Ha California State University (California Faculty Association)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32410 - Request for reconsideration denied--Board did not make mistake of fact by misconstruing significance of newly-proffered evidence where Board's interpretation of the evidence was consistant with the asserted significance of the evidence in the original motion to reopen the record; even if there was a mistake of fact, it was not prejudicial; pp. 3-4. more or view all topics or full text.
142109705/11/90
0801E Kings County Office of Education
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
(32781(a)(1)) Unit modification granted where petitioner sought to add to the unit unrepresented classifications. (32300(b)) Reference shall be made in the exceptions only to matters contained in the record of the case. (32700) Adequacy of proof of support for unit modification is determined at the time the petition is filed. (32781) Adequacy of proof of support for unit modification is determined at the time the petition is filed. (32786) Adequacy of proof of support for unit modification is determined at the time the petition is filed. more or view all topics or full text.
142108103/29/90
0802E San Ramon Valley Education Association CTA/NEA (Abbot/Cameron)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32992 governs the timing of notice to agency fee payers. more or view all topics or full text.
142107503/29/90
0797Ea United Teachers-Los Angeles (Farrar)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
(32410) Board denied request for reconsideration where no material difference in allegations in decision and request and no showing that alleged errors of fact were prejudicial. more or view all topics or full text.
142109905/07/90
0791Ea South Bay Union School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Reg. 32410 - Reconsideration denied where alleged errors of fact were nonprejudicial and other alleged errors were legal and not subject to reconsideration. more or view all topics or full text.
142109404/19/90
0789E Beverly Hills Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32644 - Requirement that statement of affirmative defenses be included in answer serves to assure a fair litigation process, particularly since PERB procedures do not provide for a formal discovery process; p. 14. more or view all topics or full text.
142104201/19/90
0785E Los Angeles Unified School District (Mindel)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32300 - Appeal dismissed for failure to meet any of the requirements. more or view all topics or full text.
142103012/29/89
0776S State of California (Department of Personnel Administration) (California Correctional Peace Officers Association)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32781(f) Proof of majority support, if required pursuant to PERB Regulation 32781(f), must be shown among the group of employees to be added to the unit, not among employees within the entire unit once modified; p. 4. more or view all topics or full text.
132021610/06/89
0767E California School Employees Association (Petrich)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32781 Individual does not have standing to file unit modification petition. more or view all topics or full text.
132020209/18/89
0773S State of California (Department of Personnel Administration) (California State Peace Officers Association and California Union of Safety Employees)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
40200, Severance regulations support Board's conclusion that Board has no authority to grant severance different than that proposed in petition; pp. 10-11. 40240, Severance regulations support Board's conclusion that Board has no authority to grant severance different than that proposed in petition; pp. 10-11. 40250, Severance regulations support Board's conclusion that Board has no authority to grant severance different than that proposed in petition; pp. 10-11. 40260, Severance regulations support Board's conclusion that Board has no authority to grant severance different than that proposed in petition; pp. 10-11. more or view all topics or full text.
132021109/29/89
0757E Ventura Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32135 - Response to appeal sent by regular mail on last day for filing and not considered. more or view all topics or full text.
132018109/01/89
0765E Long Beach Community College District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32168(b) - ALJ properly substituted pursuant to Reg 32168(b) where ALJ who conducted hearing resigned before decision rendered. more or view all topics or full text.
132019509/14/89
0752E Sanger Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
(32781) Regulation 32781(b)(1), permits the exclusion of inappropriate classifications where the party can show changed circumstances; p. 9. more or view all topics or full text.
132014806/30/89
0743E Butte Community College District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32178 - Requires charging party to prove that the employer knew it represented part-time employees by a preponderence of the evidence; p. 5. more or view all topics or full text.
132013306/19/89
0722H Regents of the University of California (California Nurses Association)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32781 - This section does not contemplate the use of "technical refusal to bargain" to secure PERB review of a disputed unit. The employer is obligated to present newly discovered evidence or show special circumstances to modify a PERB determined unit; p. 4. more or view all topics or full text.
132005903/03/89
0726H California State Employees Association (O'Connell)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32300 - An appeal must afford both the respondent and the Board with enough information to answer, and rule. Failure to state the rationale or to identify the portion of the proposed decision to which exception is taken will result in dismissal; p. 3. more or view all topics or full text.
132006603/21/89
0718H California State University, San Diego * * * OVERRULED by Long Beach Community College District (2003) PERB Decision No. 1564, and Los Angeles Unified School District (2014) PERB Decision No. 2359
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32644. Board held that HEERA section 3563.2(a) constitutes a jurisdictional bar to charges filed outside its prescribed six month period. Board disapproves of any application of PERB Regulation 32644 making the untimeliness of unfair practice charge an affirmative defense subject to a party's waiver. more or view all topics or full text.
132003701/17/89
0674E Los Angeles Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32170. ALJ properly dismissed complaint due to Charging Party's failure to prosecute. more or view all topics or full text.
121908806/08/88
0640H Regents of the University of California
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32300(b) Standard stated in Reg. 32410 applies also to evidence offered for first time on appeal; standard not met. 32410 Standard stated in Reg. 32410 applies also to evidence offered for first time on appeal; standard not met. more or view all topics or full text.
121900712/10/87
0612S American Federation of State, County and Municipal Employees (Cupp)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32125(e)-unfair practice charge based on allegation of union's refusal to keep and provide financial records in accordance with SEERA section 3515.7(e) should have been referred to regional office and treated as petition of compel compliance under PERB Regulation 32125(e). 32360(c)-chastisement of regional attorney fails to specify any errors made, therefore, insufficient to raise any issues on appeal. more or view all topics or full text.
111804802/06/87
0615H Regents of the University of California (Yeary)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32320(a)(2)-the Board may reopen a completed record based on newly discovered evidence which was not previously available and could not have been discovered with the exercise of reasonable diligence; p. 14. 32155-motion to disqualify ALJ denied for lack of compliance with Regulation 32155. Motion not in writing nor made before taking of any evidence; p. 16. more or view all topics or full text.
111806003/03/87
0607H California State University, Hayward
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32620 (b) 32163 Assistance to a charging party required by Regulation section 32620(b) (1) is "technical" and limited to facilitating proper adherence to Board procedures. Actual drafting or other "legal" assistance is not contemplated. Discretionary legal assistance is provided in section 32163; pp. 7-8. more or view all topics or full text.
111802601/02/87
0592E Riverside Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Reg. 32180-does not authorize a party's right to make an opening statement. Reg. 32140-does not require rejection of a timely filing due to clerical error on proof of service. more or view all topics or full text.
101717110/10/86
0551Sa State of California (Department of Developmental Services)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32410 - "Newly discovered" evidence standard of Reg. 32410 assumes there has been a hearing. Even if applicable to dismissal of charge prior to hearing, as here, the evidence was not "newly discovered" and, alternatively if it was, it does not cure deficiency in charge. more or view all topics or full text.
111805903/03/87
0553E Riverside Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32647-Where proferred amendment was timely on its face but unrelated to existing complaint, and where hearing already complete, allowance of amendment would not serve principles of economy and fairness, therefore, amendment not "appropriate" pursuant to Reg 32647, (subsequently amended). more or view all topics or full text.
101703012/23/85
0549E Washington Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32620 (ALJ has authority to dismiss complaint sua sponte if clear that allegations insufficient to state prima facie case.) 32630 (ALJ has authority to dismiss complaint sua sponte if clear that allegations insufficient to state prima facie case.) more or view all topics or full text.
101702412/16/85
0543E San Mateo Community College District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32320(a) (newly discovered evidence standard stated in reg. 32410 applies also to requests to reopen the record) 32410 (newly discovered evidence standard stated in reg. 32410 applies also to requests to reopen the record) more or view all topics or full text.
101701512/13/85
2491M City of Montebello
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Pursuant to PERB Regulation 32640, subdivision (a), a Board agent may “disregard any error or defect in the complaint that does not substantially affect the rights of the parties,” which includes the authority of a hearing officer to amend a complaint on his or her own motion where the amendment is necessary to conform to the evidence and issues presented at hearing. Where the issues actually litigated at hearing and argued in parties’ briefs involved a job classification not identified in the complaint, the Board affirmed the ALJ’s sua sponte amendment to the complaint to conform to the evidence and issues presented at hearing. Distinguishing City of Inglewood (2015) PERB Decision No. 2424-M. more or view all topics or full text.
413006/30/16
A361M City of Glendale
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
60000. Repealed May 11, 2006. As the case was filed before the regulation was repealed, Regulation 60000 is applicable. more or view all topics or full text.
318904/13/07
A355H Trustees of the California State University (San Diego)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Pursuant to PERB Regulation 32136, the Board may, in its discretion, excuse late filings upon a showing of good cause. Good cause may be found when the explanation was “reasonable and credible.” Good cause may also be found for “honest mistakes” such as mailing or clerical errors. Additionally, good cause exists only when the party made a conscientious effort to timely file and the delay did not cause prejudice to any party. more or view all topics or full text.
3014908/09/06
A337H Regents of the University of California
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
The Board denied Sarka’s request to receive special permission to appeal the refusal of a Board agent to disqualify herself from investigation of his unfair practice charge pursuant to PERB Regulation 32155(d). more or view all topics or full text.
2816106/08/04
A343S State of California (State Personnel Board)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
The Board’s practice has been to interpret PERB Regulation 32130(c) to add the five day extension to deadlines extended pursuant to PERB Regulation 32132. Consequently, the Board finds SPB’s exceptions to be timely filed and DPA’s argument regarding good cause for late filings to be inapplicable. Since PERB Regulation 32132 allows the Board to grant extensions of time for good cause, that determination was made when the Appeals Office granted the extension. The document granting the extension incorporates the provision of section 32132 in providing an additional five-day extension for its service by mail. PERB Regulation 32130 was originally based on the mailbox rule found in Cal. Code of Civil Procedure section 1013. CCP section 1013 has been liberally construed by the courts to grant the additional extension of time to respond to documents served by mail. Cases interpreting that provision in which section 1013 was deemed inapplicable involve situation in which private parties had granted an extension of time. There were no cases in which a court or administrative body had granted an extension of time for response. more or view all topics or full text.
294312/21/04
J022E Victor Valley Options for Youth Teachers Association
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Under EERA section 3542(a), the Board may join in a request for judicial review of a unit determination if the Board agrees that the case is one of special importance. PERB regulation 32500(c) confers on the Board sole discretion to determine whether a case is one of “special importance.” more or view all topics or full text.
294912/27/04
0530E Pasadena Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Regulation No. 32738-No showing of misrepresentation or forged documents where evidence suggests that employees acquiesced in picture taking for campaign purposes. more or view all topics or full text.
91623010/25/85
0532S Association of Staff, Administrative and Financial Employees/California State Employees Association/State of California (Department of Personnel Administration)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Regulation No. 32770 - decertification petition dismissed - inadequate showing of support; Board rejects limiting number of unit members based on "temporary/intermittent" status. more or view all topics or full text.
91623610/30/85
0533E Office of Kern County Superintendent of Schools
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Regulation No. 32738 - the conduct had a "probable impact on employees' vote" necessitating setting aside the election. more or view all topics or full text.
91623706/09/85
0519E Centralia School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Regulation No. 33020 applies even when contract is extended by mutual agreement before the expiration of the previous contract. more or view all topics or full text.
91620309/12/85
0525S State of California (Department of Personnel Administration) (Communications Workers of America/California Association of Psychiatric Technicians)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Charging party failed to show extraordinary circumstances to justify late filing of challenge to rival union's status. (Reg. 32705) Rule 32738(C)(1)-newly discovered evidence found after certification of election can be used to challenge an election after results are counted. more or view all topics or full text.
91621609/26/85
0485E Los Angeles Community College District (Watts)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32163 - Claim of denial of legal assistance rejected pursuant to 396-H. 32920 - Technical assistance only properly afforded to complainant. more or view all topics or full text.
91607902/08/85
0488E Pleasant Valley School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32170(j) - 32212 - ALJ properly rejected employer's post-hearing reply brief where both parties had agreed reply briefs would not be filed; ALJ has authority to set briefing schedule pursuant to Reg 32170(j) and 32212 and there is no provision for one party unilaterally voiding an agreement not file reply briefs. more or view all topics or full text.
91609302/27/85
0468H California State University (Watts)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Regulation 32132-"good cause" defined as circumstances unanticipated or beyond a party's control. Not shown where party has number of case to work up for appeal, nor where party's physical ailments are longstanding & do not prevent the filing of charges, nor appearances at public meetings. more or view all topics or full text.
91603912/27/84
0408E Los Angeles Unified School District and Los Angeles Community College District (Watts)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32132; Party seeking extension of time to file documents (request for reconsideration) must justify request with statement of reasons constituting good cause. more or view all topics or full text.
81516709/17/84
0415E Antioch Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32781(e) (now subdiv. (d)) Failure to file petition on forms provided by Board does not render petition invalid; p. 4. more or view all topics or full text.
81518910/12/84
0396H Los Angeles Unified School District (Watts); California State University (Watts); United Professors of California (Watts); California State University (Watts)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32136; Rule is discretionary, creating no entitlement to legal representation and should be exercised with utmost care, as PERB is not structured to prosecute on behalf of charging parties. Determinations should be made on case-by-case basis, considering the abilities and experience of the party requesting assistance, the difficulty and complexity of the case, and the public interest in resolution of the issues involved; pp. 6-7. more or view all topics or full text.
81514608/16/84
0395E Los Angeles Community College District (McConnell)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32135; Failure of charging party to serve respondent with copy of exceptions and/or to file a proof of service is justification for dismissal of charge by executive director. more or view all topics or full text.
81514408/15/84
0386H University of California Riverside
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32135; Rejection of request for an extension of time to appeal a dismissal of an unfair practice charge proper because no extraordinary circumstances were shown where appellant claimed he was a "victim of the holiday mails." Also, appellant failed to comply with Regulation 32132(a) by filing his request for extension late and 32135 by failing to file the appeal itself. 32132(a); Rejection of request for an extension of time to appeal a dismissal of an unfair practice charge proper because no extraordinary circumstances were shown where appellant claimed he was a "victim of the holiday mails." Also, appellant failed to comply with Regulation 32132(a) by filing his request for extension late and 32135 by failing to file the appeal itself. more or view all topics or full text.
81511106/14/84
0387E Grenada Elementary School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32752; Affirming the regional director's order staying the decertification process, the Board rejected petitioners' argument that they were not motivated to file the decertification petition by the University's unfair labor practices. The Board further held that the motive of the individual petitioners was not determinative: the inquiry must be as to the potential impact of the alleged conduct on all of the employees in the unit. more or view all topics or full text.
81511506/29/84
0378Sa State of California (Department of Developmental Services, Napa State Hospital) (Matta)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32410(a), Board denied request for reconsideration where moving party merely reasserted argument considered and rejected by the Board in its underlying decision. more or view all topics or full text.
81506804/06/84
0379E Gonzales Union High School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32155(d); Board denied District's request for special permission to appeal an ALJ's refusal to disqualify himself from presiding over an administrative hearing. 32155 (a)(4); Board denied District's request for special permission to appeal an ALJ's refusal to disqualify himself from presiding over an administrative hearing. more or view all topics or full text.
81504502/27/84
0380E Pleasant Valley Elementary School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32752.3 - Board agent properly conducted investigation into likelihood that District's actions would influence outcome of election of rescission of service fee arrangement; Board defers to her conclusion based on facts developed during investigation. more or view all topics or full text.
81505102/28/84
0381H Regents of the University of California (Statewide University Police Association)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32752; Affirming the regional director's order staying the decertification process, the Board rejected petitioners' argument that they were not motivated to file the decertification petition by the University's unfair labor practices. The Board further held that the motive of the individual petitioners was not determinative: the inquiry limited to the potential impact of the alleged conduct on all of the employees in the unit. more or view all topics or full text.
81507604/17/84
0375E Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32871; Regulation is not retroactive. Regulation does not create an obligation to negotiate unit modification procedures nor does it cede to the parties PERB's statutory authority in this area; p. 49. more or view all topics or full text.
81502101/05/84
0373E Mt. Diablo Unified School District  * * * REVERSED IN PART BY Mt. Diablo Unified School District (1984) PERB Decision No. 373b
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32315, Board denied request for oral argument given the voluminous record and ample briefs of the parties; p. 67. more or view all topics or full text.
81501712/30/83
0370E Fairfield-Suisun Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32781(a)(1). Unit modification petition of CTA to modify established unit of certificated employees to include District's hourly adult teachers granted. more or view all topics or full text.
81501212/27/83
0369E Mendocino Community College District (deBane Piche)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32770 Petition for decertification rejected for failure to obtain required 30 percent support, absence of date, and absence of job titles of signatories. more or view all topics or full text.
81501012/22/83
0357E Calexico Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32176 - heresay not in itself sufficient to support a finding. more or view all topics or full text.
71429111/22/83
0351Ha California State University (Statewide University Police Association)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32410(a) - dosen't contemplate the parties determining which Board member will decide the request for reconsideration. 32500(c) - Board declines to join request for judicial review. more or view all topics or full text.
81509705/30/84
0348S State of California (State Employees Trades Council)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
40260 - contract bar operable based on contract not formally signed. more or view all topics or full text.
71426209/30/83
0340H Regents of the University of California (California State Employees Association)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32132 re: extension of time. more or view all topics or full text.
71423708/24/83
0336E Los Angeles Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Under Reg. 37030 PERB representatives are to provide technical assistance not legal representation. more or view all topics or full text.
71422808/18/83
0327S State of California (Department of Personnel Administration)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32770, 32776, 40130. Regional Director properly dismissed decertification petition finding inadequate proof of support and that additional proof of support filed after close of window period and therefore untimely. more or view all topics or full text.
71420007/14/83
0324E Central Union High School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Rule 32650. Informal conferences are conducted primarily as confidential settlement proceedings and contents of such meetings do not appear in the record of the ensuing hearing. See PERB Rule 32650; p. 5. more or view all topics or full text.
71418906/30/83
0318Ea Pittsburg Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Regulation 32410.(a)2. - grounds for reconsideration discussed. more or view all topics or full text.
81506704/02/84
0290Ha Unit Determination for Technical Skilled Crafts, Service and Professional Employees of the University of California (Lawrence Livermore National Laboratory)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Regulation 32410; As Board did not correctly characterize University's position, extraordinary circumstances existed to grant request for reconsideration. more or view all topics or full text.
71423408/19/83
0281E Duarte Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Under PERB regulation 32630, Association was not charging party and had no standing to appeal the hearing officer's partial refusal to issue a complaint and partial dismissal; p. 2. more or view all topics or full text.
71405902/03/83
0261Eb San Joaquin Delta Community College District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Regulation 32410. Taped evidence does not constitute newly discovered evidence. more or view all topics or full text.
71410203/16/83
0264E North Sacramento School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Reg. 32176 - then 32176(a) allows admission of hearsay as long as it is not the sole support of a finding. more or view all topics or full text.
71401712/20/82
0235Ea Redlands Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
(32410(a)) Board will not reexamine its rationale for an earlier decision under the "extraordinary circumstances" standard. more or view all topics or full text.
71400111/15/82
0176Ha Unit Determination - California State University and Colleges (Nonprofessional)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
(32410) Reconsideration of unit decision denied because the requesting party could demonstrate no extraordinary circumstances. more or view all topics or full text.
61312805/26/82
0178Ea Oakland Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
(32410) Reconsideration of Board dismissal of unfair practice charge denied because requesting party could demonstrate no extraordinary circumstances. more or view all topics or full text.
61305602/22/82
0139E Ventura County Community College District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32300: Statement of exceptions in appeal of decision on exclusion of management employee is sufficient to meet specificity requirement. Union citation of examples of evidence that purportedly contradicts hearing officer's conclusion is sufficient to give adequate notice grounds for exception. more or view all topics or full text.
41113207/11/80
0131E Ocean View School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
(32135) - Chest pains experienced by attorney insufficient to qualify as extraordinary circumstances to justify late filing under Reg. 32135; pp. 1-3. more or view all topics or full text.
41110106/10/80
0096E Palos Verdes Peninsula Unified School District/Pleasant Valley School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
35030-now Reg. 32300 - does not limit parties who may appeal proposed decision to aggrieved parties; pp. 11-12. more or view all topics or full text.
31009707/16/79
0092E Baldwin Park Unified School District (Neilman)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32615 - Board held that it was appropriate for it to search the facts underlying the charge to ascertain whether it was sufficient where Charging Party, who was not a professional advocate, failed to assert specific violations. more or view all topics or full text.
31005404/04/79
0085E Paso Robles Union School District, et al./San Rafael City High School District, et al.
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32320(a)(2) Cases consolidated on appeal because they present identical issues; p. 2. more or view all topics or full text.
31002101/09/79
0087E Rio Hondo Community College District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
(32320): While party's failure to except to an issue serves as a waiver of that party's right to except, it does not preclude the Board from reviewing unappealed matters; pp. 2-3. Though not excepted to, Board will exercise its jurisdiction over the issue of the appropriateness of the total unit and examine the exclusion of summer school instructors from the certificated unit. more or view all topics or full text.
31002701/25/79
0021E Manteca Unified School District (Olsen)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
35002(b) and 35007(b), appeal dismissed for failure to serve respondent with copy of appeal (now Rule 32300). more or view all topics or full text.
134708/05/77
0936E Lindsay Unified School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Unorganized notes and exhibits with no apparent connection to the case do not meet the requirement of Regulation 32615 which mandates a clear and concise statement of the facts. more or view all topics or full text.
162308305/22/92
0931S Association of California State Attorneys (Winston)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Pursuant to PERB Regulation 32365, Board did not consider facts raised for first time on appeal; p. 2. more or view all topics or full text.
162307205/14/92
0925E California School Employees Association (LaFountain)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
PERB Regulation section 32635(b). Board affirms dismissal of charge, finding allegations not stated in charge or amended charge constituted new charge allegations or new supporting evidence within the meaning of PERB Regulation section 32635(b), and therefore could not be considered without a showing of good cause. more or view all topics or full text.
162304903/10/92
0926H University of California (Kasbati)
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32615 requires an unfair practice charge to set forth a clear and concise statement of the facts and conduct alleged to constitute an unfair practice; warning letter, p. 1. more or view all topics or full text.
162305303/17/92
0913E Monterey County Office of Education
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Regulation 32620 permits Board agent to make inquiries of charging party and if respondent is allowed to respond to new allegations, there is no prejudice to the respondent. more or view all topics or full text.
162300912/13/91
0913Ea Monterey County Office of Education
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
32410--Restatement of arguments considered and rejected by the Board in its underlying decision and failure to identify any prejudicial errors of fact or newly discovered evidence or law which was not previously available and could not have been discovered with the exercise of reasonable diligence does not state proper grounds for reconsideration; p. 2. more or view all topics or full text.
162304702/27/92
0001E Tamalpais Union High School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
30076 (as amended now Reg. 32738), poll watching, television coverage and use of sample ballot do not constitue an unfair practice nor a serious irregularity. more or view all topics or full text.
1107/20/76
0071E Rio Linda Union School District
1503.2000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Pursuant to provision of Reg. 32320, which states the Board may "take such other action as it considers proper," remand for unit determination hearing is proper where employer improperly granted voluntary recognition; p. 12. more or view all topics or full text.
2219809/18/78