All notes for Subtopic 1503.03000 – Regulations Considered (By Number) (Continued)
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| A448E | Community Learning Center Schools, Inc. 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Under PERB Regulation 32150, subdivision (f), the Board must seek court enforcement of a subpoena upon recommendation of the General Counsel unless in the judgment of the Board the enforcement of such subpoena or notice would be inconsistent with law or the policies of the applicable Act. The Board declined to seek enforcement of a subpoena duces tecum seeking, among other items, advice, counsel and opinion documents provided by, sought from, or received by the respondent’s attorneys regarding conflict of interest issues, teachers serving on charter school boards, and union avoidance strategies. The Board instead remanded the matter to the ALJ to clarify the scope of any potential waiver of the attorney-client or attorney work-product privileges, as well as the proper time span and scope of the subpoena as a whole. more or view all topics or full text. | 42 | 16 | 06/29/17 |
| A448E | Community Learning Center Schools, Inc. 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32150, subdivision (d), governing motions to quash a subpoena state that the Board “shall revoke the subpoena if the evidence requested to be produced is not relevant to any matter under consideration in the proceeding or the subpoena is otherwise invalid.” The Board affirmed the ALJ’s partial denial of a motion to quash a subpoena duces tecum seeking, among other items, advice, counsel and opinion documents provided by, sought from, or received by the respondent’s attorneys regarding conflict of interest issues, teachers serving on charter school boards, and union avoidance strategies. The Board found the requested documents relevant because the respondent had asserted its reliance on advice of counsel as a defense. more or view all topics or full text. | 42 | 16 | 06/29/17 |
| A498E | Barstow Community College District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Under PERB Regulation 32092, subdivision (a), a digital pen is not required to execute a valid electronic signature. Under subdivision (b), PERB would have deemed the District’s response to have been signed when it was electronically filed, even without the written signature of a digital pen. Therefore, the District’s counsel could have timely submitted the District’s response through e-PERB without spending time searching for a battery for his digital pen. The Board found that the existence of a regulation which would have allowed the District to timely file, even given the circumstances outlined in the appeal, supports that the District did not have good cause for an untimely filing. more or view all topics or full text. | 47 | 94 | 12/13/22 |
| A498E | Barstow Community College District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) The Board affirmed the Appeals Office’s determination that the District’s response to CSEA’s exceptions was due by 11:59 p.m. on November 7, and that because PERB Regulation 32110, subdivision (f) deems a document filed after 11:59 p.m. as being filed the next business day, the District’s response through e-PERB on November 8, at 12:01 a.m., was untimely. more or view all topics or full text. | 47 | 94 | 12/13/22 |
| A448E | Community Learning Center Schools, Inc. 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Under PERB Regulation 32150, subdivision (f), the Board must seek court enforcement of a subpoena upon recommendation of the General Counsel unless in the judgment of the Board the enforcement of such subpoena or notice would be inconsistent with law or the policies of the applicable Act. The Board declined to seek enforcement of a subpoena duces tecum seeking, among other items, advice, counsel and opinion documents provided by, sought from, or received by the respondent’s attorneys regarding conflict of interest issues, teachers serving on charter school boards, and union avoidance strategies. The Board instead remanded the matter to the ALJ to clarify the scope of any potential waiver of the attorney-client or attorney work-product privileges, as well as the proper time span and scope of the subpoena as a whole. more or view all topics or full text. | 42 | 16 | 06/29/17 |
| A448E | Community Learning Center Schools, Inc. 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32150, subdivision (d), governing motions to quash a subpoena state that the Board “shall revoke the subpoena if the evidence requested to be produced is not relevant to any matter under consideration in the proceeding or the subpoena is otherwise invalid.” The Board affirmed the ALJ’s partial denial of a motion to quash a subpoena duces tecum seeking, among other items, advice, counsel and opinion documents provided by, sought from, or received by the respondent’s attorneys regarding conflict of interest issues, teachers serving on charter school boards, and union avoidance strategies. The Board found the requested documents relevant because the respondent had asserted its reliance on advice of counsel as a defense. more or view all topics or full text. | 42 | 16 | 06/29/17 |
| A488E | Los Angeles Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Compliance proceedings are governed by PERB Regulation 32980, subdivision (a), which provides in relevant part that “[t]he General Counsel or his/her designate may conduct an inquiry, informal conference, investigation, or hearing, as appropriate, concerning any compliance matter.” This provision grants the Office of the General Counsel considerable discretion to determine the most effective method for ensuring compliance with a Board order. (p. 9.) more or view all topics or full text. | 46 | 77 | 10/12/21 |
| A488E | Los Angeles Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) In their appeal, the charging party argued that the declarants’ names should be redacted to prevent the employer from retaliating against the declarants, citing PERB Regulation 32125 in support of this contention. But that regulation governs filing confidential information with PERB, such as social security numbers, birthdates, a minor’s identity, and financial account information. The names of potential witnesses in a compliance hearing do not fall under any of those criteria. Also, as identified in subdivision (b), a caveat to redacting sensitive information is that it is “not relevant to resolution of any matter before PERB.” (pp. 9-10.) more or view all topics or full text. | 46 | 77 | 10/12/21 |
| A482M | County of Santa Clara 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32200 allows the appeal of an interlocutory order to the Board only when the Board agent joins in the request. (p. 3, fn. 4.) Because pre-arbitration deferral has a substantial impact on the charging party’s subsequent ability to pursue the allegations in the charge, and to bring uniformity to PERB’s practice under the various statutes it administers, a Board agent’s decision to defer a charge to arbitration and place it in abeyance pending completion of arbitration proceedings is not an interlocutory order, and therefore PERB Regulation 32200 does not apply in such circumstances. Rather, such a decision is an administrative decision that may be appealed directly to the Board under PERB Regulation 32360. (pp. 8-11.)The Board accepted an administrative appeal, even though it failed to specifically identify any factual, procedural, or legal errors in the appealed administrative decision as required by PERB Regulation 32360(c), where the appellant’s claim that it had already filed a valid administrative appeal gave the Board adequate notice of the primary issue on appeal. (p. 6, fn. 8.)PERB Regulation 32380, by its plain language, contemplates that an administrative decision may constitute an interlocutory order. Thus, administrative decisions and interlocutory orders are not mutually exclusive. (pp. 6-7.) more or view all topics or full text. | 45 | 59 | 11/02/20 |
| A481E | Gompers Preparatory Academy 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32752 adopted a “blocking charge rule” that “serves to insulate an election from unfair practices that may influence its outcome.” (p. 3.) A charge alleging “unlawful conduct [that] would so affect the election process as to prevent the employees from exercising free choice” is commonly called a “blocking charge” because it prevents, or “blocks,” an election until the charge is resolved. (p. 3, fn. 3.) more or view all topics or full text. | 45 | 54 | 10/22/20 |
| 2699H | Regents of the University of California (Teamsters Local 2010) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32602 generally confers standing upon employee organizations to allege unfair practices, depending upon the rights conferred to them by the applicable statute. (pp. 4-5.) more or view all topics or full text. | 44 | 144 | 02/27/20 |
| 2674Mb | Orange County Employees Association (Hamilton) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Under PERB Regulation 32410, a request for reconsideration based upon the discovery of new evidence must be supported by a declaration establishing, among other things, that the evidence impacts or alters the decision of the previously decided case. (p. 4.) more or view all topics or full text. | 44 | 108 | 05/28/20 |
| 2674Ma | Orange County Employees Association (Hamilton) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) In duty of fair representation cases, employees are only entitled to an award of back pay or other damages where they can show that the union’s breach was the actual or proximate cause of their injuries. It is incumbent upon the charging party to put evidence of causation into the record during PERB’s hearing process. Petitioner cannot do so on reconsideration unless the evidence is newly discovered and supported by a declaration establishing several criteria required under PERB Regulation 32410. (pp. 4-5.) The Board denied the request for reconsideration because it was not accompanied by such a declaration and, furthermore, the newly-submitted evidence was available at the time of the hearing. (p. 5.) more or view all topics or full text. | 44 | 108 | 12/11/19 |
| 2674Ma | Orange County Employees Association (Hamilton) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Arguing on reconsideration that the Board’s underlying decision contained prejudicial errors of fact, Petitioner claimed the Board’s factual findings were speculative because they were based on inferences drawn from evidentiary documents. However, PERB may draw reasonable inferences from the record. Petitioner’s failure to elicit testimony clarifying those documents or introduce other evidence supporting her position during PERB’s hearing process do not constitute grounds for reconsideration. (pp. 3-4.) more or view all topics or full text. | 44 | 108 | 12/11/19 |
| 2674Ma | Orange County Employees Association (Hamilton) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) The grounds for reconsideration are limited to claims that (1) the Board’s decision 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. (p. 2.) A party may not use the reconsideration process to register its disagreement with the Board’s legal analysis, to re-litigate issues that have already been decided, or simply to ask the Board to “try again.” (p. 5.) more or view all topics or full text. | 44 | 108 | 12/11/19 |
| 2667Pa | San Diego Metropolitan Transit System 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) The grounds for reconsideration are limited to claims that: “(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.” (PERB Reg. 32410(a).) A party cannot use the reconsideration process to register its disagreement with the Board’s legal analysis, to re-litigate issues that have already been decided, or simply to ask the Board to try again. (p. 2) The Board denied the request for reconsideration because it failed to address either of the required criteria but challenged solely the Board’s legal analysis and conclusions in the underlying decision, which is not a basis for reconsideration. (Ibid.) more or view all topics or full text. | 11/07/19 | ||
| 2654E | Claremont Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Under PERB Regulation 32300, the Board cannot consider matters not contained in the record when deliberating a party’s exceptions. Thus an external investigator’s report cited in the employer’s exceptions but that it failed to enter into the record could not be considered in determining whether the employer had a legitimate business justification for issuing an employee an order not to contact other employees. (p. 17, fn. 14.) more or view all topics or full text. | 44 | 24 | 07/10/19 |
| 2667P | San Diego Metropolitan Transit System 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Under PERB Regulation 93080, when deciding transit district representation cases under the Public Utilities Code, the Board shall apply the relevant federal law and administrative practice developed under the Labor Management Relations Act, 1947, as amended. (p. 17.) In doing so, the Board shall apply federal law unless (1) the question presented is governed by an explicit provision of the applicable transit district act, or (2) considerations unique to public sector labor relations require deviation from federal law. (pp. 17-18.) more or view all topics or full text. | 44 | 60 | 09/06/19 |
| 2667P | San Diego Metropolitan Transit System 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Under PERB Regulation 93025, a determination by SMCS in a transit district representation case arising under the Public Utilities Code is appealable to the Board itself. (p. 17, fn. 9.) more or view all topics or full text. | 44 | 60 | 09/06/19 |
| 2667P | San Diego Metropolitan Transit System 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 93040, governing hearings before SMCS, does not prohibit consideration of hearsay evidence. SMCS and the Board may thus consider hearsay evidence while taking into account its hearsay nature when determining how much evidentiary weight to give it. (p. 30, fn. 21.) more or view all topics or full text. | 44 | 60 | 09/06/19 |
| A470E | Children of Promise Preparatory Academy 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) On appeal from an administrative determination, the appellant must demonstrate how or why the challenged decision departs from the Board’s precedents or regulations, stating the specific issue(s) of procedure, fact, law or rationale that is appealed and state the grounds for the appeal. (p. 4, citing PERB Regulation 32360.) more or view all topics or full text. | 43 | 82 | 11/29/18 |
| 2670M | County of Santa Clara 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Under PERB Regulation 32147, the Board itself may expedite the processing of a case presenting an important question of law, the early resolution of which is likely to improve labor relations, at all levels before PERB. (pp. 11-12.) more or view all topics or full text. | 44 | 67 | 09/20/19 |
| 2670M | County of Santa Clara 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Under PERB Regulation 32215, the Board may order the Division of Administrative Law to conduct an expedited hearing and, upon completion of the hearing, that the record be submitted to the Board itself for a decision on the merits. (p. 12.) more or view all topics or full text. | 44 | 67 | 09/20/19 |
| 2670M | County of Santa Clara 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Under PERB Regulation 32176, a factual finding cannot be based solely on uncorroborated hearsay that does not satisfy one of the statutory exceptions. But Respondent’s evidence sufficiently corroborated Charging Party’s hearsay exhibits such that Charging Party met its burden of proof to demonstrate majority status. The Board rejected Respondent’s argument that it must ignore relevant evidence merely because it was not presented in the Charging Party’s case-in-chief but by the party without the burden of proof. (p. 21, fn. 23.) more or view all topics or full text. | 44 | 67 | 09/20/19 |
| 2643E | California School Employees Association (Williams) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) When neither party excepts to the merits of a proposed decision, the merits are not before the Board and are thus final and binding only on the parties to that proposed decision. (PERB Regulations 32300(c), 32305(a).) (p. 2, fn. 2.) more or view all topics or full text. | 43 | 185 | 05/17/19 |
| 2617E | Oxnard Union High School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 43 | 111 | 12/27/18 |
| 2588E | Los Angeles Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) In accordance with PERB Reg. 32207, the parties may submit a stipulated factual record in lieu of a hearing. In such case, the stipulated facts shall be deemed undisputed. (p. 2.) more or view all topics or full text. | 43 | 63 | 10/17/18 |
| A441M | San Diego Metropolitan Transit System * * * PUC TRANSIT CASE. PERB DECISION NUMBER CONTAINS INCORRECT LETTERING, AS CASE DID NOT ARISE UNDER MMBA * * * 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 41 | 66 | 09/20/16 |
| A449E | Lake Elsinore Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 42 | 17 | 06/28/17 |
| A447E | Bellflower Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 42 | 15 | 06/28/17 |
| A447E | Bellflower Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 42 | 15 | 06/28/17 |
| A446E | Lake Elsinore Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 42 | 18 | 06/28/17 |
| A446Ea | Lake Elsinore Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 42 | 148 | 05/15/18 |
| A453H | Regents of the University of California 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 42 | 47 | 09/29/17 |
| A453H | Regents of the University of California 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 42 | 47 | 09/29/17 |
| A453H | Regents of the University of California 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 42 | 47 | 09/29/17 |
| A453H | Regents of the University of California 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 42 | 47 | 09/29/17 |
| A453H | Regents of the University of California 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 42 | 47 | 09/29/17 |
| J028H | Regents of the University of California and University Professional and Technical Employees, Communications Workers of America Local 9119 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 42 | 111 | 02/27/18 |
| A458M | County of Solano 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 42 | 78 | 01/09/18 |
| A455M | County of Solano 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 42 | 55 | 10/25/17 |
| A453H | Regents of the University of California 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 42 | 47 | 09/29/17 |
| A464M | San Diego Metropolitan Transit System * * * PUC TRANSIT CASE. PERB DECISION NUMBER CONTAINS INCORRECT LETTERING, AS CASE DID NOT ARISE UNDER MMBA * * * 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Under PERB Regulation 93005, which applies to Public Utilities Code transit districts, a petition through which an employee organization seeks to become the representative of an existing unit or of a smaller severed unit, is a petition for certification, not decertification, and is permitted. more or view all topics or full text. | 42 | 149 | 05/15/18 |
| 2566C | Los Angeles County Superior Court 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32606, subdivision (g), contains a drafting error to the extent it defines any violation of the Trial Court Act as an unfair practice. PERB only has jurisdiction over article 3 of the Trial Court Act. more or view all topics or full text. | 43 | 1 | 06/12/18 |
| 2558E | Children of Promise Preparatory Academy 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Under PERB Regulation 32612(d), Board will determine whether to consolidate charges based on fairness and administrative economy, and whether the charges involve similar issues. more or view all topics or full text. | 42 | 124 | 03/27/18 |
| 2567E | Hartnell Community College District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 43 | 2 | 06/12/18 |
| 2567E | Hartnell Community College District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 43 | 2 | 06/12/18 |
| 2567E | Hartnell Community College District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 43 | 2 | 06/12/18 |
| A459H | Regents of the University of California * * * SUPERSEDED, IN PART, by PERB Regulation 32700, effective 2/15/2021 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) * * * SUPERSEDED IN PART by PERB Regulation 32700, effective 2/15/2021, which established new proof of support guidelines. * * *Under PERB Regulation 32700 proof of support must consist of original documents, which means documents with original signatures. more or view all topics or full text. | 42 | 91 | 01/19/18 |
| 2548E | Lake Elsinore Unified School District (Edwards) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 42 | 102 | 02/02/18 |
| 2544E | Bellflower Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 42 | 70 | 12/15/17 |
| A460M | San Diego Metropolitan Transit System * * * PUC TRANSIT CASE. PERB DECISION NUMBER CONTAINS INCORRECT LETTERING, AS CASE DID NOT ARISE UNDER MMBA * * * 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) (Under PERB Regulation 93025, a determination by SMCS regarding a representation petition for such a Public Utilities Code transit district is appealable to the Board.) more or view all topics or full text. | 42 | 92 | 01/23/18 |
| 2544E | Bellflower Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 42 | 70 | 12/15/17 |
| 2544E | Bellflower Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 42 | 70 | 12/15/17 |
| 2544E | Bellflower Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 42 | 70 | 12/15/17 |
| 2525M | City of Livermore 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 41 | 173 | 05/04/17 |
| 2523C | El Dorado County Superior Court 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 41 | 152 | 03/20/17 |
| 2523C | El Dorado County Superior Court 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 41 | 152 | 03/20/17 |
| 2523C | El Dorado County Superior Court 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 41 | 152 | 03/20/17 |
| A466E | Grossmont Union High School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Under PERB Regulation 32305, the Board shall not grant extensions of time in appeals arising under one of the enumerated regulations and where the exceptions have been filed in response to a proposed decision at the conclusion of the formal hearing process. (p. 4) There is no such prohibition on extensions of time in cases arising from an administrative appeal under PERB Regulation 32360. (pp. 5, 7) more or view all topics or full text. | 43 | 15 | 06/20/18 |
| 2522H | Trustees of the California State University 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 41 | 150 | 03/20/17 |
| 2522H | Trustees of the California State University 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 41 | 150 | 03/20/17 |
| 2517C | Fresno County Superior Court * * * VACATED IN PART by Fresno County Superior Court (2019) PERB Decision No. 2517a-C 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) * * * VACATED IN PART ON OTHER GROUNDS by Fresno County Superior Court (2019) PERB Decision No. 2517a-C. * * *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. | 41 | 140 | 02/27/17 |
| 2514E | Santa Ana Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 41 | 132 | 02/08/17 |
| 2514E | Santa Ana Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 41 | 132 | 02/08/17 |
| 2514E | Santa Ana Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 41 | 132 | 02/08/17 |
| 2514E | Santa Ana Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 41 | 132 | 02/08/17 |
| 2514E | Santa Ana Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 41 | 132 | 02/08/17 |
| 2505M | City of Roseville 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 41 | 97 | 11/30/16 |
| 2505M | City of Roseville 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 41 | 97 | 11/30/16 |
| 2505M | City of Roseville 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 41 | 97 | 11/30/16 |
| 2505M | City of Roseville 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 41 | 97 | 11/30/16 |
| 2452E | Hartnell Community College District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 40 | 56 | 09/04/15 |
| A434H | Regents of the University of California 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 40 | 147 | 02/29/16 |
| 2476M | City of Santa Clara 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 40 | 154 | 03/10/16 |
| 2481H | Regents of the University of California (Los Angeles) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 40 | 184 | 05/27/16 |
| 1619S | State of California (Department of Forestry and Fire Protection) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Pursuant to PERB Reg. 32635(b), Board will not consider new evidence on appeal where charging party has not shown why the evidence could not have been presented below. more or view all topics or full text. | 28 | 133 | 04/16/04 |
| 1589E | Paso Robles Public Educators (Andrus, et al.) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32992(c) requires that a Hudson notice be provided at least 30 days prior to the collection of agency fees. Union violated this provision by sending required Hudson notice months after it began collecting agency fees. more or view all topics or full text. | 28 | 65 | 01/22/04 |
| 1546S | State of California (Department of Corrections) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Board dismissed employee’s appeal where employee only sought to amend complaint. Proper procedure to amend a complaint is through PERB Regulations 32647 and 32648. more or view all topics or full text. | 27 | 118 | 08/13/03 |
| 1529E | Oakland Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32635(b) precludes a charging party from presenting new evidence on appeal unless there is good cause. Good cause may be present in a situation where OEA fails to rebut an issue in its amended charge because: (1) OEA unsuccessfully requested evidence cited in the warning letter before filing an amended charge; (2) the amended charge offered an alternative view of the events sufficient to show a nexus; and, (3) OEA reasonably believed it did not have to contradict the respondent’s defense because the warning letter did not address the administrative leave issue and it comprised an affirmative defense to a prima facie case. more or view all topics or full text. | 27 | 91 | 06/20/03 |
| A320E | Robert L. Mueller Charter School 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Under EERA §3544.7(a) and PERB Reg. 33237(a), the Board agent must conduct an investigation but has discretion as to whether or not to conduct a hearing. She did not abuse her discretion because she provided each party with sufficient opportunity to articulate their positions and the Board agent’s administrative determination complied with the requirements of PERB Reg. 32350(b) by expressing the results of the factual investigation and legal analysis supporting her findings. more or view all topics or full text. | 27 | 46 | 03/05/03 |
| A326S | State of California (Department of Transportation) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Under PERB Regulation 32136, a late filing can only be excused if there is good cause. Good cause is shown by a justification of the late filing that is both reasonable and credible. Good cause is not demonstrated where her filing was over a year late, new evidence is irrelevant and there is no appropriate justification. Since PERB Regulation 32030 defines “Board itself” as the five-member Public Employment Relations Board or members of it authorized by law to act on its behalf exclusively, a request for reconsideration can only be made in response to a final decision issued by the five members of the Board only. Under PERB Regulation 32410(a), the presentation of new evidence as a basis for exceptions to an ALJ’s final decision cannot be considered a request for reconsideration because a request for reconsideration can only be made based on a final decision of the Board itself. more or view all topics or full text. | 27 | 87 | 06/20/03 |
| 1491Sa | State of California (State Personnel Board) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) A request for reconsideration under PERB Regulation 32410(c) automatically stays the proceedings before the Board pending the Board’s determination on reconsideration. The Board denied SPB’s request to extend the stay under PERB Regulation 32370 beyond that required by PERB Regulation 32410(c) because the issues before the appellate court differ from those before the Board. The appellate court’s ruling in the parties’ litigation may not resolve the Dills Act questions before the Board. Nothing in the injunctive relief ordered by the Sacramento Superior Court in Case No. 01CS00109 prohibits IUOE and DPA from continuing to pursue this unfair practice charge before the Board. more or view all topics or full text. | 27 | 17 | 11/12/02 |
| 1460E | California School Employees Association, Chapter 258 (Gerber) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) There is no violation of PERB Regulation 32994(3), where charging party alleges hearing was more than 45 days after objection period but doesn’t show that the union failed to request a prompt hearing. There is no violation of PERB Regulation 32994(5), where charging party didn’t receive an arbitration notice from the exclusive representative because the union had no obligation to provide, or failed to provide notice of arbitration. There is no violation of PERB Regulation 32992, because the union did provide a copy of the auditor's report. The regulation requires only that the union provide the basis for calculation, and basis for chargeable expenditures. more or view all topics or full text. | 25 | 32110 | 09/06/01 |
| 1445E | San Diego Community College District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Joint filing of a petition for unit modification pursuant to PERB Regulation 32781(c) allows on its face an inference of dissatisfaction with the status quo. Absence of evidence in the record to rebut the inference leads the Board to find adequate evidence of dissatisfaction with incumbent union's representation. more or view all topics or full text. | 25 | 32085 | 06/15/01 |
| 1442E | Fremont Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Allegation of "threatened board action" concerning the failing grade given to a cheating student failed to provide a "clear and concise statement of the facts and conduct alleged to constitute an unfair practice as required by PERB regulation 32615 (a) in order to permit PERB to determine whether a prima facie case has been stated. more or view all topics or full text. | 25 | 32082 | 06/07/01 |
| 1429E | Lodi Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Severance request properly filed where individual employee included in proposed unit is not a "party" within meaning of EERA or Board regulations. (PERB Reg. 33015.) Service of the severence request adequate under Regulation 32140 and 33015 where employee in the unit signed the proof of service. No evidence that the employee was a authorized representative of the requesting party. more or view all topics or full text. | 25 | 32055 | 04/30/01 |
| A304S | California State Employees Association (Hard and Hackett) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Board denied CSEA's request to re-open the record to take judicial notice of the Board's own records pursuant to PERB Regulation 32320. CSEA presents no persuasive reason that "further evidence" of any kind will assist the Board in resolving this case. more or view all topics or full text. | 24 | 31158 | 09/15/00 |
| A306E | Poway Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Party seeking decertification filed objections to election pursuant to PERB Regulation 32738; alleging serious irregularity in the conduct of the election due to (1) ballots having been lost or unaccounted for, and (2) the confusion surrounding the actual number of ballots received by PERB. According to that regulation, objections to the conduct of an election are entertained by PERB on only two grounds: (1) the conduct complained of interfered with the employees' right to freely choose a representative, or (2) serious irregularity in the conduct of the election. more or view all topics or full text. | 25 | 32023 | 12/22/00 |
| 1358Ea | Los Angeles County Education Association, CTA/NEA (Burton) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Rearguing facts previously introduced and ruled upon by the Board in the underlying decision fails to present proper grounds for reconsideration. Board has strictly applied the limited grounds included in PERB Regulation 32410 to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided. Inaccurate description of fact in the dismissal letter does not require reconsideration of the decision because inaccuracy does not evidence prejudicial error of fact. more or view all topics or full text. | 24 | 31054 | 02/11/00 |
| 1360Ea | Los Angeles County Office of Education (Burton) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Failure to label pleading as a "Request for Reconsideration" not fatal. Information supplied by charging party evidences no prejudicial error of fact and thus fails to comply with Regulation 32410. more or view all topics or full text. | 24 | 31055 | 02/11/00 |
| 1515E | Los Rios College Federation of Teachers, Local 2279 (Deglow) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Under PERB Regulation 32320, the Board on its own motion may order an offending party to cease and desist from filing cases over the same factual and legal issues previously addressed by the Board. more or view all topics or full text. | 27 | 42 | 04/03/03 |
| A318E | Los Angeles Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) The Board found good cause where a late filing is the result of “honest error” created by a reasonable misunderstanding in communication between a party and Board staff about the filing deadlines in PERB Regulation 32135 that results in a mailing error. Under PERB Regulation 32136, the Board may excuse a late filing for good cause. more or view all topics or full text. | 27 | 31 | 02/06/03 |
| A319E | Mark Twain Union Elementary School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Pursuant to Regulation 32136, Board found good cause to excuse late filing where declarations establish that one-day late postmark was due to inadvertent error by law firm’s mail service. more or view all topics or full text. | 27 | 32 | 02/11/03 |
| A324E | Fontana Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) While requiring proof of service to show service concurrent with filing, PERB Regulation 32140 does not contain a penalty for failure to comply. Therefore, it is within the Board’s discretion to overlook a technical violation of its regulation. The Board excuses defective service because the opposing parties received actual notice of the filing and made no showing of prejudice to their position by the defective service. more or view all topics or full text. | 27 | 71 | 05/09/03 |
| 1332E | Plumas Unified School District and Plumas County Superintendant of Schools and Plumas County Teachers Association, CTA/NEA 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) It would be inconsistent with PERB Regulation 32781(b)(1) to find that approval of the County Superintendent's unit modification petition removes employees from representation by the Association. more or view all topics or full text. | 23 | 30124 | 06/03/99 |
| 1505E | Mendocino County Office of Education 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Under PERB Regulation 32781(b), the exclusion must be strictly construed because confidential status deprives an employee of rights under EERA. more or view all topics or full text. | 27 | 16 | 12/24/02 |
| 1509M | Antelope Valley Health Care District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32320(a) grants the Board discretion to allow a party to withdraw exceptions to an ALJ’s proposed decision. more or view all topics or full text. | 27 | 28 | 02/05/03 |
| 1479Sa | California State Employees Association (Hard, et al.) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) CSEA has not shown the existence of extraordinary circumstances either by proving that the decision in California State Employees Association (Hard, et al.) (2002) PERB Decision No. 1479-S contained prejudicial error of fact or by meeting any of the limited criteria found in PERB Reg. 32140(a). Purported errors of law are not grounds for reconsideration under PERB Reg. 32140(a). The Board disagrees that its reference to the SEIU hearing officer’s report was inconsistent with the provisions regarding the admissibility of hearsay evidence under PERB Reg. 32176. more or view all topics or full text. | 27 | 2 | 10/21/02 |
| 1459S | State of California 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32647 allows the charging party, after issuance of a complaint, to move to amend the complaint by filing a request to amend the complaint and an amended charge meeting the requirements of section 32615; p. 5. PERB Regulation 32615(a)(5) requires that an unfair practice charge include a "clear and concise statement of the facts and conduct alleged to constitute an unfair practice." The charging party's burden thus includes alleging the "who, what, when, where and how" of an unfair practice. Mere legal conclusions are not sufficient to state a prima facie case; p. 5. more or view all topics or full text. | 25 | 32108 | 08/29/01 |
| 1458E | Sacramento City Teachers Association (Marsh) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32615(a)(5) requires that an unfair practice charge include a "clear and concise statement of the facts and conduct alleged to constitute an unfair practice." The charging party's burden includes alleging the "who, what, when, where and how" of an unfair practice. Mere legal conclusions are not sufficient to state a prima facie case. From the information provided it was not possible to determine what section(s) of EERA was violated; pp. 5-6, warning letter. more or view all topics or full text. | 25 | 32107 | 08/28/01 |
| 1461E | Sacramento City Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32615(a)(5) requires that an unfair practice charge include a "clear and concise statement of the facts and conduct alleged to constitute an unfair practice." The charging party's burden includes alleging the "who, what, when, where and how" of an unfair practice. Mere legal conclusions are not sufficient to state a prima facie case. From the information provided it was not possible to determine what section(s) of EERA was violated; p. 8, warning letter. PERB Regulation 32620(b)(5) requires the investigating Board agent to dismiss a charge where the allegations are properly deferred to binding arbitration; p. 9, warning letter. more or view all topics or full text. | 25 | 32111 | 09/18/01 |
| J020E | San Diego Community College District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Under PERB Regulation 32500(c), the Board has the sole discretion to determine whether a case is “one of special importance.” more or view all topics or full text. | 26 | 33045 | 02/26/02 |
| 1471Ea | State Center Community College District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Argument alleging prejudicial error of fact need not be addressed on reconsideration when the underlying Board decision did not turn upon the alleged error of fact. The request for reconsideration merely reargues the case, thus failing to demonstrate grounds sufficient to comply with PERB Regulation 32410(a). more or view all topics or full text. | 26 | 33046 | 02/28/02 |
| A299Sa | California State Employees Association (Hutchinson) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Request denied since it does not claim that the Board's decision contains prejudicial error of fact, or that charging party has discovered new evidence. Consequently, charging party's request for reconsideration fails to demonstrate grounds sufficient to comply with PERB Regulation 32410; p. 2. more or view all topics or full text. | 24 | 31030 | 12/21/99 |
| 1355Sa | California State Employees Association (Hutchinson) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Request denied since it does not claim that the Board's decision contains prejudicial error of fact, or that charging party has discovered new evidence. Consequently, charging party's request for reconsideration fails to demonstrate grounds sufficient to comply with PERB Regulation 32410; p. 2. more or view all topics or full text. | 24 | 31029 | 12/21/99 |
| A296S | State of California (State Teachers Retirement System) (Ramirez) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32136 provides that a late filing may be excused in the discretion of the Board for good cause only. Good cause does not exist. The appeals assistant denied charging party's third request for extension of time and informed charging party's attorney that the final due date, seven days later, would not be changed. The excuses offered were that (1) the attorney was ill and unable to come to the office several days prior to the deadline; and (2) the attorney's office had unspecified computer problems and the exceptions were filed three days late. more or view all topics or full text. | 23 | 30137 | 07/22/99 |
| A297S | State of California (State Teachers Retirement System) (Ramirez) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32136 provides that a late filing may be excused in the discretion of the Board for good cause only. A late filing which has been excused becomes timely filing under these regulations. Where appeals assistant denied charging party's third request for extension of time and informed charging party's attorney that the final due date, seven days later, would not be changed, good cause was not found to excuse exceptions filed three days late. The excuses offered were that (1) the attorney was ill and unable to come to the office several days prior to the deadline; and (2) the attorney's office had unspecified computer problems. more or view all topics or full text. | 07/22/99 | ||
| A299S | California State Employees Association (Hutchinson) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32136 precludes the Board from finding that good cause exists when a party provides no justification for the lateness of their filings; p. 3. more or view all topics or full text. | 24 | 31000 | 10/14/99 |
| 1334Ea | Madera County Office of Education 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Request denied since it alleged no new evidence or extraordinary circumstances but referred to matters previously considered in the underlying decision and did not demonstrate that the Board's decision contained prejudicial errors of fact; p. 3. more or view all topics or full text. | 23 | 30165 | 09/02/99 |
| 1335E | Fresno Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Where the union did not choose to appeal the dismissal of a charge, the Board ordered the joinder of the real party in interest to allow the individual to protect his interest in the dismissed charge pursuant to PERB Regulation section 32164 (d)(2)(A; pp. 1-2. more or view all topics or full text. | 23 | 30127 | 06/25/99 |
| 1329S | State of California (Department of Corrections) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32164 provides for joinder pursuant to a written application procedure. CSEA seeks to join the case on appeal, but since it has failed to comply with the provisions of this regulation, the Board denied the request for joinder. more or view all topics or full text. | 23 | 30116 | 05/03/99 |
| 1309E | Oakland Education Association (Bettencourt, et al.) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32994(a) requires that an agency fee payer who wishes to challenge the amount of the fee by filing an unfair practice charge must first exhaust the exclusive representative’s agency fee appeal procedure unless the procedure is insufficient on its face; p. 3, warning letter. Where there was no evidence of exhaustion, the charge is dismissed; p. 3, warning letter. more or view all topics or full text. | 23 | 30047 | 01/27/99 |
| 1310E | Teachers Association of Long Beach (Akers, et al.) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32994(a) requires that an agency fee payer who wishes to challenge the amount of the fee by filing an unfair practice charge must first exhaust the exclusive representative’s agency fee appeal procedure unless the procedure is insufficient on its face; warning letter. Where there was no evidence of exhaustion, the charge is dismissed; participation in the arbitration must be in the year that is under challenge in the unfair; warning letter. In an agency fee case, PERB will defer to an arbitrator's award and refuse to issue a complaint where: (1) the arbitration proceedings were fair and regular; and (2) the arbitrator's award is not clearly repugnant to the purposes of the Act; warning letter. more or view all topics or full text. | 23 | 30048 | 01/27/99 |
| 1311E | Teachers Association of Long Beach (Aragon, et al.) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32994(a) requires that an agency fee payer who wishes to challenge the amount of the fee by filing an unfair practice charge must first exhaust the exclusive representative’s agency fee appeal procedure unless the procedure is insufficient on its face; warning letter. more or view all topics or full text. | 23 | 30049 | 01/27/99 |
| 1312E | Teachers Association of Long Beach (Filinuk, et al.) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32994(a) requires that an agency fee payer who wishes to challenge the amount of the fee by filing an unfair practice charge must first exhaust the exclusive representative’s agency fee appeal procedure unless the procedure is insufficient on its face; warning letter. more or view all topics or full text. | 23 | 30050 | 01/27/99 |
| 1302Ea | Coachella Valley Federation of Teachers, California Federation of Teachers/American Federation of Teachers (Kok) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Since all of the relevant information in the reconsideration request had been included in the appeal already considered by the Board, it fails to demonstrate grounds for reconsideration sufficient to comply with PERB Regulation 32410; p. 3. more or view all topics or full text. | 23 | 30075 | 03/11/99 |
| 1303Ea | Coachella Valley Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Because all of the relevant information in the reconsideration request had been included in the appeal already considered by the Board, it fails to demonstrate grounds for reconsideration sufficient to comply with PERB Regulation 32410; p. 3. more or view all topics or full text. | 23 | 30076 | 03/11/99 |
| J015S | State of California (Department of Personnel Administration) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32500. The Board has applied a relatively strict standard in considering whether cases are of "special importance" because the fundamental rights of employees to form, join and participate in the activities of employee organizations, and of employee organizations to represent their members in their employment relations cannot be exercised if PERB's unit determination decisions are routinely subject to legal challenges and the significant delays in the implementation of those decisions which may result; p. 3. 32726(b). The interpretation by the Board of one of its own regulations is at issue in this case, and not construction of a statutory provision unique to the Dills Act which the Board might consider appropriate for judicial review; p. 7. more or view all topics or full text. | 17 | 24136 | 08/09/93 |
| J016E | San Francisco Community College District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Under PERB Regulation 32500(c), the Board has the sole discretion to determine whether a case is "one of special importance;" p. 3. more or view all topics or full text. | 19 | 26062 | 03/01/95 |
| A292Ea | Coachella Valley Unified School District (Kok) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Regulation 32410; The Board strictly applies the limited grounds included in PERB Regulation 32410 to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided; p. 2. more or view all topics or full text. | 23 | 30077 | 03/11/99 |
| A292E | Coachella Valley Unified School District (Kok) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32136 states that a late filing may be excused in the discretion of the Board for good cause only; p. 3. An unspecific reference to "postal or clerical delay" is not justification for the lateness for a filing and will not support a Board finding of good cause for excusing a delay in filing; p. 3. more or view all topics or full text. | 23 | 30024 | 12/11/98 |
| A277E | Barstow Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) The Board found that good cause existed to excuse a late filing under Reg. 32136 when excuse offered was reasonable and credible (use of computerized document to create another document led to filing being inadvertently sent to wrong office) and other party made no claim to have been prejudiced by the late filing, and Board found no prejudice; pp. 4-5. more or view all topics or full text. | 20 | 27108 | 06/12/96 |
| A278E | San Diego Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32738(c); For PERB to sustain election objections, an effect on the election result must be shown or logically inferred. The Board will infer the effect if the actions had the natural and probable effect of discouraging voter participation in the representation election; p. 11. When a party to the election engages in a concerted effort to obtain unsupervised access to marked ballots, in direct violation of PERB's voting instructions, the laboratory conditions of the election are compromised. This conduct calls into question the fairness, validity and integrity of the election; p. 23. When a party engages in a concerted effort to gain unsupervised access to marked ballots, the Board will not evaluate the party's intent, consider whether the party's unsupervised possession led to tampering, or determine whether the conduct was determinative on the outcome of consider whether the party's unsupervised possession led to tampering, or determine whether the conduct was determinative on the outcome of aside and order a new election; pp. 23-24. more or view all topics or full text. | 20 | 27121 | 06/27/96 |
| A281E | Bakersfield Elementary Teachers Association (Guerra) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Regs. 32136: No good cause to excuse late-filed appeal of Board agent's dismissal where Charging Party did not request extension of time, provided no reasonable explanation for failing to do so, provided no indication of a conscientious effort to meet deadline, provided only passing reference to family death and to the interference of holiday and work schedules, and provided no specific evidence explaining how these pressures prevented him from timely filing his appeal; p. 3. more or view all topics or full text. | 21 | 28074 | 04/11/97 |
| A282S | State of California (Department of Insurance) and California State Employees Association (Nylander-McGuire) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32136 precludes the Board from finding good cause to excuse a late filing when the party fails to provide any explanation for the untimeliness; p. 2. more or view all topics or full text. | 21 | 28093 | 05/06/97 |
| A283E | Los Angeles Unified School District (Jackson) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Where a party fails to provide any explanation for filing documents late, only that she had "inadequate time to prepare," the Board is precluded from finding good cause, pp. 2-3. more or view all topics or full text. | 21 | 28100 | 05/15/97 |
| A284E | San Jose Community College Faculty Association (Maestas-Flores) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Good cause existed to excuse a late filing when party made conscientious effort to timely file but sent response to wrong office by honest mistake and unforeseeable mail delay contributed to lateness (p. 3; citing North Orange County Regional Occupational Program (1990) PERB Decision No. 807. more or view all topics or full text. | 21 | 28102 | 05/30/97 |
| A271H | California Faculty Association (Gregg) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32136. Where a party fails to provide any explanation for filing documents late, the Board is precluded from finding that good cause exists; p. 2. more or view all topics or full text. | 20 | 27018 | 12/15/95 |
| A272E | Los Angeles Unified School District (Robinson) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) An adminstrative appeal which fails to comply with PERB Regulation 32360(c) because it does not state the grounds for appeal will be dismissed; p. 4. more or view all topics or full text. | 20 | 27030 | 01/19/96 |
| A273E | United Teachers of Los Angeles (Robinson) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) An adminstrative appeal which fails to comply with PERB Regulation 32360(c) because it does not state the grounds for appeal will be dismissed; p. 4. more or view all topics or full text. | 20 | 27031 | 01/19/96 |
| A275S | State of California (Department of Youth Authority) (Janowicz) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Under PERB Regulation 32136, if excuse for late filing is reasonable and credible, the Board will then focus on whether permitting a late filing would be prejudicial to the opposing party; good cause not found where charging party waited one year to file until he received a ruling from another forum involving different statutes, the merits of the case were considered in Superior Court, and Board dismissed complaint based on collateral estoppel, since to allow late filing would be unduly burdensome on the other party; p. 5. more or view all topics or full text. | 20 | 27101 | 05/22/96 |
| A276S | California State Employees Association (Janowicz) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Under PERB Regulation 32136, if excuse for late filng is reasonable and credible, the Board will then focus on whether permitting a late filing would be prejudicial to the opposing party; good cause not found where charging party waited one year to file until he received a ruling from another forum involving different statutes, the merits of the case were considered by ALJ and Board and Board denied reconsideration since to allow late filing would be unduly burdensome on the other party; pp. 5-6. more or view all topics or full text. | 20 | 27103 | 05/31/96 |
| A264S | California Union of Safety Employees (John) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32130 provides a five-day extension for documents (here, a request for reconsideration) filed by mail, and an extension to the next business day when the filing deadline falls on a weekend or holiday; p. 2. Mere workload and holiday schedules do not constitute good cause to excuse a late filing under Regulation 32136; p. 4. more or view all topics or full text. | 19 | 26048 | 01/26/95 |
| A265E | Teamsters Local 137 (Illum and DeMuro) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Charging parties' appeal fails to comply with PERB Regulation 32635(a) because it does not state the grounds for appeal; p. 4. more or view all topics or full text. | 19 | 26049 | 02/17/95 |
| A266S | State of California (Department of Personnel Administration) (Rabisa) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Mere allegations of working only part-time on labor matters plus a busy regular work schedule in connection with the late filing of a one page appeal does not constitute good cause as required by Reg. 32136. more or view all topics or full text. | 19 | 26050 | 02/17/95 |
| A267S | State of California (Department of Personnel Administration) (Fox) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32136. Late filing (one day) will not be excused because good cause is not demonstrated by failure of Board agent to serve dismissal on person "assisting" charging party. Person had not filed a written notice of appearance with Board agent. more or view all topics or full text. | 19 | 26061 | 03/21/95 |
| A268E | Los Angeles Unified School District (California School Employees Association) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32132. Mandates that the Board receive the request at least three days before the expiration of the time required for filing so that ample time is available to consider the request; p. 3. 32136. The attorney was aware of the scheduled surgery well before the deadline to file an extension request. The attorney's failure to plan ahead and timely file the request for an extension of time does not constitute good cause; p. 4. more or view all topics or full text. | 19 | 26101 | 05/24/95 |
| A256E | Santa Ana Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32646(b). The filings of any appeal of the ALJ's denial of the motion to defer to arbitration would not be complete before the hearing is scheduled to begin. Therefore, a stay of the hearing is appropriate since a hearing may be unnecessary should the Board reverse the ALJ's ruling; p. 2. more or view all topics or full text. | 18 | 25079 | 05/20/94 |
| A258E | San Francisco Community College District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) The Board declined to exercise its discretionary authority to seek enforcement of a prior PERB order pursuant to Government Code section 3542(d) and Regulation 32980, since the present dispute is substantively different from that presented to the Board in the earlier case, and to deprive the Respondent of the ability to respond to new factual and legal issues today would potentially deny them a full and fair hearing. more or view all topics or full text. | 18 | 25111 | 08/03/94 |
| A259S | State of California (Department of Corrections) (California Correctional Peace Officers Association) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32136. The Board found good cause to excuse the late filing by one day caused by an inadvertent admitted error of the U.S. Postal Service; p. 4. more or view all topics or full text. | 18 | 25112 | 08/08/94 |
| A260S | State of California (Department of Parks and Recreation) (Kalko and Ruger) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32646(b). PERB Regulation 32646(b) provides that a party wishing to appeal an ALJ's denial of a motion to dismiss based on deferral to arbitration may appeal to the Board under PERB Regulation 32635. That regulation provides that such appeal must be filed within 20 days of the date of the denial of the dismissal. Party's appeal was well outside the 20-day limit; p. 4. 32635. PERB Regulation 32646(b) provides that a party wishing to appeal an ALJ's denial of a motion to dismiss based on deferral to arbitration may appeal to the Board under PERB Regulation 32635. That regulation provides that such appeal must be filed within 20 days of the date of the denial of the dismissal. Party's appeal was well outside the 20-day limit; p. 4. more or view all topics or full text. | 18 | 25125 | 08/31/94 |
| A261E | Capistrano Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32375. The district's brief, in response to the union's appeal in a contract bar case, does not consitute an original, independent appeal of the administrative determination. It is therefore timely filed; p. 9, fn. 4. more or view all topics or full text. | 18 | 25147 | 10/12/94 |
| A248Ea | Fremont Union Union High School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32410(a). A party's opinion about the legality of an act is not admissible evidence and therefore does not satisfy the requirements of the regulation; p. 4. more or view all topics or full text. | 18 | 25013 | 11/23/93 |
| A250E | Los Angeles Unified School District (Busdrivers Association/Service Employees International Union) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Regulation 32786--the Board agent will use his discretion in deciding whether a hearing is necessary in addition to an investigation. Where there are no factual disputes to be resolved, there is no reason to conduct a hearing. Petitioner's failure to allege any change of circumstances is grounds for determining that no hearing is necessary; p. 7. Failure to serve opposing parties required by Regulations 32140 and 32360(b) at the same time an appeal is filed does not require dismissal of the appeal where the deficiency was cured and neither opposing party showed prejudice due to late service. more or view all topics or full text. | 18 | 25012 | 11/22/93 |
| A251S | State of California (Association of California State Attorneys and Administrative Law Judges and Professional Engineers in California Government) (California State Employees Association) (California Department of Forestry Employees' Association, Local 2882, International Association of Fire Fighters 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32147. The authority to instruct a Board agent to submit a case record to the Board itself for decision is exercised at the sole discretion of the Board; p. 3. 32215. In cases of first impression, the Board has exercised its authority to hear cases directly but declines here because the deliberative decision of the ALJ would be of benefit to both parties and the Board itself; p. 4. more or view all topics or full text. | 18 | 25050 | 03/03/94 |
| A253E | California School Employees Association (Ruiz) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32132(a). Given the Board's prior flexibility on several deadlines, the deficiencies in the charging party's request for an extension, and the open-ended request to put the case on hold for a few months, the Board concluded that good cause did not exist to grant the request for an extension of time to file an appeal of a dismissal of an unfair practice charge; p. 4. more or view all topics or full text. | 18 | 25074 | 05/05/94 |
| A240E | Piedmont Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Regulation 32620(b)(5). Board agent must dismiss charge where allegations are properly deferred to binding arbitration; p. 4, ALJ ruling. more or view all topics or full text. | 17 | 24065 | 03/23/93 |
| A243H | Regents of the University of California (Ray) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Reg. 32136. Failure of party to provide a reason for late filing precludes the Board from finding good cause. When the time to file a document falls on Sunday the document is due on Monday. more or view all topics or full text. | 17 | 24087 | 04/27/93 |
| A245S | California State Employees Association (Rebosura) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32132. Charging party has not provided adequate explanation of her failure to comply with the filing deadline. Therefore, good cause does not exist to excuse the late filing of the request for an extension of time; p. 2. 32136. Charging party has not provided adequate explanation of her failure to comply with the filing deadline. Therefore, good cause does not exist to excuse the late filing of the request for an extension of time; p. 2 more or view all topics or full text. | 17 | 24090 | 05/05/93 |
| A246S | State of California (Department of Personnel Administration) (California Union of Safety Employees) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32350 defines an appealable adminstrative decision as a determination by a Board agent which contains "a statement of the issues, fact, law and rationale used in reaching the determination; p. 11. 32726(b) grants the Board the authority to determine on a case-by-case basis whether release of employee home addresses is likely to be harmful within a specific election context. 32726(b). The consistent and unequal treatment of a number of Unit 7 employees is sufficient for the Board to conclude under Regulation 32726(b) that it is likely to be harmful to these employees to release their home addresses; p. 19. 32726(b). Harm may be demonstrated in either a physical or non-physical sense. Inconsistent treatment of home address release is non-physical harm. 40165. This is different than release granted under 32726 and permits non-physical harm. 40165. This is different than release granted under 32726 and permits activities; p. 16. more or view all topics or full text. | 17 | 24102 | 05/18/93 |
| A247E | Los Angeles Unified School District (Service Employees International Union Local 99) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32136. Although inadvertent clerical errors constitute good cause, the failure of an attorney to review PERB filing deadlines, resulting in no attempt to file prior to the deadline, can not be considered good cause to excuse a late filing; p. 3. more or view all topics or full text. | 17 | 24150 | 09/03/93 |
| A232E | Los Angeles Unified School District (Service Employees International Union Local 99/Members for Union Democracy) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Section 32360. Appeal from adminsitrative determination is rejected by Board as defective where appeal does not state the issues on appeal nor the grounds for the appeal. more or view all topics or full text. | 16 | 23066 | 05/05/92 |
| A233E | California School Employees Association (Simeral) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32136. The Board found good cause to excuse the late filing of a request for reconsideration which was mailed well before the filing deadline, but was inadvertently misaddressed; p. 5. more or view all topics or full text. | 16 | 23142 | 09/08/92 |
| A234E | Pasadena Community College District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32132(b). For good cause to be found, a party's late filing of a request for an extension of time should be based on circumstances that are unanticipated and beyond the party's control; p. 6. 32132(b). Given the unsubstantiated assertion that a response was filed but was misdirected, and that the need to request an extension should have been anticipated prior to the deadline, good cause does not exist to excuse the late filing; p. 6. more or view all topics or full text. | 16 | 23162 | 10/21/92 |
| A235E | Saddleback Community College District (Goffredo) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32410 provides that reconsideration may be granted by the Board on the basis of, inter alia, "newly discovered evidence . . . which was not previously available and could not have been discovered with the exercise of reasonable diligence." more or view all topics or full text. | 16 | 23167 | 10/27/92 |
| A237E | Fremont Union High School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) (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. | 17 | 24028 | 01/19/93 |
| 0717 | Klamath-Trinity Joint Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Regulation 32136. Late filing excused where delay was brief and errors were due to inadvertance, opposing parties demonstrated no prejudice resulting from the deficiency in the filing. more or view all topics or full text. | 17 | 24036 | 01/29/93 |
| A230Ea | Sonoma County Ofdice of Education 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32410--Reconsideration denied as no extraordinary circumstances because claim that PERB appeals assistant's letter rejecting exceptions was unclear not supported by reading of the letter, p. 2. more or view all topics or full text. | 16 | 23081 | 05/22/92 |
| A231S | State of California (Department of Corrections) (California Correctional Peace Officers Association) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Reg. 32200 requires the Board agent certify an interlocutory appeal to the Board. The Board will not entertain such an appeal without Board agent certification. Reg. 32646 allows for a direct appeal to the Board of a denial of a motion to defer to binding arbitration. more or view all topics or full text. | 04/09/92 | ||
| 1306Ea | Service Employees International Union, Local 99 (Cooke) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Reg. 32410; Request denied since it alleged no new evidence and did not demonstrate that the Board's decision contained prejudicial errors of fact; p. 3. more or view all topics or full text. | 23 | 30081 | 03/24/99 |
| 1299Sa | State of California (Department of Industrial Relations) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Assertion that Board's finding of no discriminatory motive is not supported by the record does not demonstrate that the Board decision contains prejudicial error of fact. Thus, reconsideration is denied under Regulation 32410. more or view all topics or full text. | 23 | 30043 | 01/14/99 |
| 1294E | Kern High School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32640(c) provides that a decision of a Board agent to issue a complaint is not appealable to the Board itself except in accordance with Section 32200; p. 3. more or view all topics or full text. | 23 | 30008 | 10/22/98 |
| 1290Sa | State of California (Department of Food and Agriculture) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Evidence discovered prior to the filing of the amended charge which was partly included in the appeal of the dismissal does not constitute new evidence and the reconsideration request is denied; p. 3. more or view all topics or full text. | 23 | 30042 | 01/14/99 |
| 1282E | Southwestern Community College District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32635 - Board finds no good cause to admit new evidence presented for the first time on appeal where Board agent requested said evidence during investigation of the charge and charging party presented no justification, whatsoever, for its failure to provide the evidence to the Board agent; p. 2, fn. 2. more or view all topics or full text. | 22 | 29153 | 09/03/98 |
| 1271H | Regents of the University of California (Federated University Police Officer’s Association) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Alleged newly discovered evidence or new allegations will not be considered on appeal without its proponent showing good cause for the Board to consider it for the first time on appeal. The charging party should have amended its charge and presented this information to the Board agent. (PERB Regulation 32635(b).); p. 2. more or view all topics or full text. | 22 | 29114 | 06/30/98 |
| 1268Ea | North Orange County Community College District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32410 states that the grounds for reconsideration are limited to claims that the decision of the Board contains 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; p. 2. The Board strictly applies the limited grounds included in PERB Regulation 32410 to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided; p. 2. more or view all topics or full text. | 22 | 29145 | 08/14/98 |
| 1269Ea | United Faculty Association of North Orange County Community College District (Kiszely) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32410 states that the grounds for reconsideration are limited to claims that the decision of the Board contains 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; p. 2. The Board strictly applies the limited grounds included in PERB Regulation 32410 to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided; p. 2. more or view all topics or full text. | 22 | 29146 | 08/14/98 |
| 1259Ea | Fall River Joint Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) The Board strictly applies the limited grounds included in PERB Regulation 32410 to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided; p. 5. A request for reconsideration which merely asserts a Board decision contains "prejudicial error" fails since PERB Regulation 32410 requires the claim to assert prejudicial errors of fact; p. 5. A claim that there is no evidence in the record to support the Board decision is essentially an effort to relitigate the issue of the employer's motive and does not demonstrate a prejudicial error of fact. more or view all topics or full text. | 22 | 29108 | 06/18/98 |
| 1258S | State of California (Board of Equalization) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Evidence Code Section 1152 and PERB Regulation 32176 preclude admission of settlement discussions; Where ALJ admits evidence of settlement offer for limited purpose of showing parties' knowledge but used the evidence to find a violation, the evidence should not be admitted; p. 9. more or view all topics or full text. | 22 | 29081 | 04/03/98 |
| 1225E | Sonoma County Office of Education 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32644 imposes on a respondent the duty to set forth any affirmative defense in its answer; An affirmative defense not raised in the answer will not be considered by the Administrative Law Judge; p. 10, proposed dec. more or view all topics or full text. | 22 | 29005 | 11/04/97 |
| 1203S | State of California (Prison Industry Authority) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) If charging party does not correct misinterpretations expressed in the warning letter, it cannot do so on appeal. If they are raised on appeal, they will be treated as "new charge allegations" and not considered by the Board unless good cause for submitting the allegations for the first time on appeal is shown. more or view all topics or full text. | 21 | 28115 | 06/18/97 |
| 1205S | State of California (Department of Health Services) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Regulation 32635(b); If charging party offers new evidence for the first time on appeal, it will not be considered by the Board unless good cause is shown. more or view all topics or full text. | 21 | 28117 | 06/19/97 |
| 1197S | State of California (Department of Insurance) (Nylander-McGuire) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32615(a)(5) requires the 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; p. 2, warning letter. more or view all topics or full text. | 21 | 28094 | 05/06/97 |
| 1202S | State of California (State Teachers Retirement System (Ramirez and Roberts) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Regulation 32635(b) requires the charging party to show good cause for submitting new evidence and allegations for the first time on appeal, or it will not be considered by the Board; p. 2. Regulation 32615(a)(5) requires an unfair practice charge to include a clear and concise statement of the facts and conduct alleged to constitute an unfair practice; p. 3, warning letter. more or view all topics or full text. | 21 | 28109 | 06/04/97 |
| 1191E | Bakersfield City School District (Guerra) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32615 - Vague statement which fails to allege specific facts underlying unfair practice charge does not comply with requirements of PERB Regulation 32615; p. 6, warning letter. more or view all topics or full text. | 21 | 28071 | 04/03/97 |
| 1194E | Lincoln Unified School District (California School Employees Association-Chapter 282) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) The substitution of a Board Agent, who did not conduct the hearing, occurred in accordance with PERB Regulation 32168(b); p. 7. more or view all topics or full text. | 21 | 28090 | 04/30/97 |
| 1189H | Regents of the University of California (Woods, et al.) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Regs. 32635: Board refuses to consider documents presented for the first time on appeal where party fails to provide good cause why evidence could not have been presented during the Board agent's investigation; p. 2, fn. 3. more or view all topics or full text. | 21 | 28066 | 03/19/97 |
| 1178E | Santa Clarita Community College District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Regs. 32635: Board refuses to consider document presented for the first time on appeal where party fails to provide good cause why evidence could not have been presented during Board agent's investigation; p. 2, fn. 2. more or view all topics or full text. | 21 | 28018 | 12/04/96 |
| 1173Ha | American Federation of State, County and Municipal Employees (Shek) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) A blanket challenge to Board's factual findings with no basis in fact is insufficient to support request for reconsideration under Regulaiton 32410; p. 4. PERB Regulation 32410 - Allegation that Board ignored material allegation in dismissing charge is insufficient to support a request for reconsideration where dismissal letter specifically addressed allegation; p. 5. more or view all topics or full text. | 21 | 28046 | 02/05/97 |
| 1167E | Ventura County Community College District (Mickle) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32615(a)(5) provides that a charge must contain a "clear and concise statement of the facts and conduct alleged to constitute an unfair practice;" a charging party must allege the "who, what, when, where, and how" of the unfair practice; mere legal conclusions are insufficient; p. 2, warning letter. more or view all topics or full text. | 20 | 27136 | 09/11/96 |
| 1168E | Service Employees International Union, Local 535 (Mickle) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32615(a)(5) provides that a charge must contain a "clear and concise statement of the facts and conduct alleged to constitute an unfair practice;" a charging party must allege the "who, what, when, where, and how" of the unfair practice; mere legal conclusions are insufficient; p. 2, warning letter. more or view all topics or full text. | 20 | 27137 | 09/11/96 |
| 1159H | Regents of the University of California (Higgins) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32620(b)(6). Under HEERA, the Board will defer to the contractual grievance and arbitration procedure only if arbitration is final and binding; p. 2, fn. 2. more or view all topics or full text. | 20 | 27112 | 06/18/96 |
| 1150S | State of California (Department of Developmental Services) (International Union of Operating Engineers) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Regulation 32615(a)(5) requires that an unfair practice charge contain a clear and concise statement of the facts to constitute an unfair practice charge (id.). Although Regulation 32140 requires that service shall be concurrent with the filing in question, Board exercised its discretion to excuse noncompliance since (1) delay in service was fairly brief and (2) there was no showing of prejudice to other party; fn. 2 at pp. 2-3. more or view all topics or full text. | 20 | 27087 | 05/09/96 |
| 1142E | Los Rios College Federation of Teachers (Lowman) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32210. Board did not consider declaration filed by non-party in support of charging party's unfair practice charge because it failed to satisfy the requirements of Reg. 32210 for filing an informational brief with the Board; p. 2. more or view all topics or full text. | 20 | 27058 | 02/29/96 |
| 1138Ea | Barstow Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) The Board granted reconsideration on the basis that a 4th District Appellate Court decision, which stayed CSEA's separate Education Code violation Superior Court case for failure to exhaust administrative remedies at PERB, constituted newly discovered law under PERB Regulation 32410; p. 9. more or view all topics or full text. | 20 | 27104 | 05/31/96 |
| 1132Ea | American Federation of Teachers College Staff Guild, Local 1521 (Mrvichin) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32410. The Board has strictly applied the limited grounds set out in PERB Regulation 32410 in considering reconsideration requests specifically to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided; p. 2. No reconsideration where party provides no explanation from which the Board can determine how its failure to respond to each exception constitutes prejudicial error of fact; p. 3. more or view all topics or full text. | 20 | 27066 | 03/20/96 |
| 1133Ea | Los Rios College Federation of Teachers (Deglow) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) When employer announced event prior to the original hearing, employee could have reasonably discovered evidence of the event through a conscientious effort and good cause is not established to excuse the late filing under PERB Regulation 32136; p. 6. more or view all topics or full text. | 21 | 28097 | 05/14/97 |
| 1125Sa | State of California (Department of Parks and Recreation) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Although PERB has exercised its discretion to excuse late filings, typically, good cause to excuse the lateness has been found when the deadline was missed by only a short period of time and the party demonstrated a conscientious effort to timely file before the deadline, but the filing arrived late due to an "honest mistake"; p. 4. 32410(a), 32136. Where parties fail to provide any explanation for the late filing (18 months late here), the Board is precluded from finding that good cause exists; p. 5. more or view all topics or full text. | 21 | 28159 | 09/24/97 |
| 1120E | Morgan Hill Unified School District (Caviglia) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) The requirements of Regulation 32635 are not satisfied by the restatement of claims previously dismissed. Failure to meet the regulation's requirements mandates dismissal of the appeal. more or view all topics or full text. | 19 | 26148 | 10/13/95 |
| 1121Ea | California School Employees Association (Rodriquez) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32410(a). No reconsideration where charging party offers new evidence but does not explain why it is either newly discovered or not previously available; pp. 2-3. more or view all topics or full text. | 03/12/96 | ||
| 1122S | State of California (Office of Emergency Services) (Karim-Panahi) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation 32620(b)(5) (Cal. Code Regs., tit. 8, sec. 32620(b)(5)) also requires the investigating Board agent to dismiss a charge where the allegations are properly deferred to binding arbitration; p. 4, warning letter. more or view all topics or full text. | 20 | 27003 | 11/07/95 |
| 1123E | Lodi Education Association (Casey) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32635(a). Compliance with Regulation 32635(a), governing the appeal of the dismissal of an unfair practice charge, is required to afford the respondent and the Board with an adequate opportunity to address the issues raised, and noncompliance with this requirement warrants dismissal of the appeal; p. 2. 32136. Charging party failed to demonstrate good cause to accept a late filed supplement to her original appeal. Therefore, the Board declined to consider the late filed supplemental appeal; p. 3. more or view all topics or full text. | 20 | 27005 | 11/08/95 |
| 1124E | Lodi Education Association (Hudock) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32635(a). Compliance with Regulation 32635(a), governing the appeal of the dismissal of an unfair practice charge, is required to afford the respondent and the Board with an adequate opportunity to address the issues raised, and noncompliance with this requirement warrants dismissal of the appeal; p. 2. 32136. Charging party failed to demonstrate good cause to accept a late filed supplement to her original appeal. Therefore, the Board declined to consider the late filed supplemental appeal; p. 3. more or view all topics or full text. | 20 | 27006 | 11/08/95 |
| 1109E | American Federation of Teachers College Guild, Local 1521 (Saxton) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32135. Those portions of the appeal that don't comply with this regulation were not considered by the Board. more or view all topics or full text. | 19 | 26103 | 05/31/95 |
| 1111E | Los Rios College Federation of Teachers (Sander) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) The Board does not consider charging parties' exception because they fail to comply with PERB Regulation 32300; p. 4. more or view all topics or full text. | 19 | 26111 | 07/21/95 |
| 1111Ea | Los Rios College Federation of Teachers (Sander, et al.) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) When employer announced event prior to the original hearing, employee could have reasonably discovered evidence of the event through a conscientious effort and good cause is not established to excuse the late filing under PERB Regulation 32136; p. 10. more or view all topics or full text. | 21 | 28098 | 05/14/97 |
| 1107S | State of California (Department of Corrections) (California Correctional Peace Officers Association) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32120. The Board may take official notice of the terms of a CBA filed with PERB pursuant to PERB Regulation 32120; p. 9, fn. 4. more or view all topics or full text. | 19 | 26100 | 05/19/95 |
| 1103E | Laguna Salada Union School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) The Education Code does not mandate that adjustments to annual salaries must be made no later than June 30 each year. Nor does it suggest a methodology to be used in adjusting the level of employee compensation, or address the negotiability under EERA of a wage adjustment methodology; p. 16. more or view all topics or full text. | 19 | 26095 | 05/11/95 |
| 1100Sa | State of California (Department of Corrections) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) The issue of PERB's jurisdiction has been thoroughly litigated and the Board's decision does not constitute prejudicial error of fact. The request does not meet the standard for reconsideration under Regulation 32410(a); p. 6. more or view all topics or full text. | 19 | 26123 | 08/30/95 |
| 1093Ha | California State University (California State Employees Association) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32410(a). No reconsideration where charging party failed to establish that the Board's decision contains prejudicial errors of fact, or that there is newly discovered law or evidence which would support reconsideration of the decision; pp. 2-3. more or view all topics or full text. | 19 | 26112 | 07/21/95 |
| 1093Hc | California State University (California State Employees Association) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Regulation 32410 - Claim that Board made legal error in interest rate award fails to meet reconsideration standard; p. 4. Regulation 32410 - Omission of Court ordered costs in order constitutes prejudicial error of fact; p. 4. Omission of cost recovery in PERB decision on remand as contained in reviewing courts decision is a prejudicial error of fact within the meaning of Reg. 32410. more or view all topics or full text. | 21 | 28110 | 06/06/97 |
| 1090E | Norris School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32320. The same standard applied to requests to reopen the record is the same standard as that governing requests for reconsideration of a decision of the Board itself. The Board will reopen the record on the basis of newly discovered evidence that was not previously available and could not have been discovered with the exercise of reasonable diligence; p. 4. 32410. The standard applied to requests to reopen the record is the same standard as that governing requests for reconsideration of a decision of the Board itself. The Board will reopen the record on the basis of newly discovered evidence that was not previously available and could not have been discovered with the exercise of reasonable diligence; p. 4. more or view all topics or full text. | 19 | 26068 | 03/16/95 |
| 1089E | California School Employees Association (Hare) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) One-sentence appeal of partial dismissal fails to comply with PERB Regulation 32635 because it: (1) merely restates the charging party's argument that was considered by the Board agent and discussed in the dismissal letter; and (2) does not identify which portions of the dismissal are being challenged; and (3) fails to state the grounds on which reversal would be justified; p. 5. more or view all topics or full text. | 19 | 26067 | 03/13/95 |
| 1082E | San Juan Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Properly completed authorization cards, without more, are sufficient proof of support to meet the requirements of PERB Regulation 32700(e); p. 6. more or view all topics or full text. | 19 | 26039 | 01/18/95 |
| 1080S | State of California (Department of Youth Authority) (Janowicz) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Board does not consider exceptions which do not comply with PERB Regulation 32300. more or view all topics or full text. | 19 | 26038 | 01/12/95 |
| 1081E | San Francisco Community College District (Leptich) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Charging party failed to demonstrate that an untimely amendment of a charge should be excused for good cause under PERB Regulation 32136; p. 2. more or view all topics or full text. | 19 | 26040 | 01/12/95 |
| 1081Ea | San Francisco Community College District (Leptich) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32410(a). Reconsideration denied because no demonstration of extraordinary circumstances or specific grounds upon which reconsideration may be granted. more or view all topics or full text. | 19 | 26092 | 05/05/95 |
| 1074Ea | American Federation of Teachers (Leptich) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32410(a). Reconsideration denied because no demonstration of extraordinary circumstances or specific grounds upon which reconsideration may be granted. more or view all topics or full text. | 19 | 26071 | 03/20/95 |
| 1071S | State of California (Food and Agriculture) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32615(a)(5) states that a charge shall contain a "clear and concise statement of the facts and conduct alleged to constitute an unfair practice." A charging party should allege the "who, what, when, where and how" of an unfair practice. Legal conclusions are not enough; p. 2, warning letter. 32635(b). Good cause must be shown to justify presenting a new allegation on appeal; p. 2. more or view all topics or full text. | 19 | 26028 | 11/30/94 |
| 1067S | State of California (Department of Personnel Administration) (Association of California State Attorneys and Administrative Law Judges and Professional Engineers in California Government; California State Employees' Association; California Department of Forestry Employees' Association, Local 2881, International Association of Fire Fighters) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32300. Charging party's exceptions to the proposed decision are rejected as without merit because they do not specify issues of procedure, fact, law or rationale, and do not specify the grounds for each exception; p. 9. more or view all topics or full text. | 19 | 26010 | 11/09/94 |
| 1069H | Regents of the University of California (Chan) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32635. The appeal does not comply with PERB regulation 32635 as it does not identify any specific factual error or address the timeliness of her unfair practice charge; p. 2. 32635. Compliance with regulations governing appeals is required to afford the respondent and the Board with an adequate opportunity to address the issues raised, and noncompliance will warrant dismissal of the appeal; p. 2. more or view all topics or full text. | 19 | 26024 | 11/28/94 |
| 1060E | Los Angeles Community College District (Mrvichin) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) In cases where PERB jurisdiction is in question, the issue can be considered at any stage, and in the absence of an abuse of process, the Board is duty bound to make inquiry. Thus good cause under reg. 32635(b) need not be demonstrated; p. 7. more or view all topics or full text. | 18 | 25150 | 10/05/94 |
| 1057E | Oakland Education Association (Freeman) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Board will not consider new allegations or evidence for the first time on appeal absent good cause (reg. 32635(b)). There is no good cause where party fails to offer an explanation. more or view all topics or full text. | 18 | 25130 | 09/14/94 |
| 1058H | Regents of the University of California (Higgins) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Board will not consider new allegations or evidence for the first time on appeal absent good cause (reg. 32635(b)). There is no good cause where a party fails to offer an explanation. more or view all topics or full text. | 18 | 25131 | 09/15/94 |
| 1047Ea | Redwoods Community College District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32410. PERB has denied requests for reconsideration which merely repeat legal arguments already offered, or which argue that the Board decision contains errors of law; p. 2. 32300. The union's failure to raise an issue as an exception to the ALJ's proposed decision is a waiver of the right to except and does not constitute proper grounds for a request for reconsideration; p. 6. more or view all topics or full text. | 18 | 25151 | 10/13/94 |
| 1038H | Regents of the University of California (Lawrence Livermore National Laboratory) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) PERB Regulation section 32738 sets out two grounds for objections to the conduct of an election: 1) The conduct complained of interfered with the employees' right to freely choose a representative, or 2) serious irregularity in the conduct of the election; p. 10, proposed dec. The Board reaffirmed its prior decision that the University failed to meet its burden of proof to demonstrate that the appearance of a Board agent was essential to the resolution of its case as required by Regulation 32150; p. 4. more or view all topics or full text. | 18 | 25052 | 03/04/94 |
| 1041Ea | Los Angeles Unified School District (United Teachers Los Angeles) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Regulation 32410(a). Reconsideration not appropriate when a party simply restates arguments which were considered and rejected by the Board in its underlying decision; p. 2. more or view all topics or full text. | 18 | 25101 | 06/15/94 |
| 1043Sa | California State Employees Association (Janowicz) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32410(a). No reconsideration where charging party failed to establish that the Board's decision contains prejudicial errors of fact, or that there is newly discovered law or evidence which would support reconsideration of the decision; pp. 2-3. more or view all topics or full text. | 18 | 25076 | 05/12/94 |
| 1033Ea | Healdsburg Union Elementary School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32410(a). No reconsideration where the district failed to establish that the Board's decision contains prejudicial errors of fact, or that there is newly discovered law or evidence which would support reconsideration of the decision; pp. 3-4. more or view all topics or full text. | 18 | 25066 | 04/11/94 |
| 1021S | California Association of Highway Patrolmen (Burks) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32635(b). Charging party failed to provide good cause to justify presenting new allegations on appeal; p. 2. more or view all topics or full text. | 17 | 24172 | 10/22/93 |
| 1014Sa | California State Employees Association (Garcia) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Reg. 32410(a). Reconsideration denied as evidence presented in reconsideration request was not newly discovered evidence. CSEA had access to evidence when the case was before the Board agent and the Board; p. 2. more or view all topics or full text. | 18 | 25009 | 11/16/93 |
| 1017E | Victor Elementary Teachers Association (Janssen) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32635. The failure of the charging party and her formally designated representative to communicate in an effective and timely manner as to the status of charging party's charge, does not constitute good cause to consider new evidence on appeal; p. 2. more or view all topics or full text. | 17 | 24168 | 10/08/93 |
| 1008E | California School Employees Association (Watts) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Reg. 32635 requirement that unless good cause is shown, a party may not raise on appeal new charge allegations or new supporting evidence is extended to appeals of dismissals of public notice complaints. more or view all topics or full text. | 17 | 24135 | 08/09/93 |
| 1012S | California State Employees Association (Hackett) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32635(b). Charging party provided no explanation which would constitute good cause to allow the Board to consider the new evidence offered on appeal; p. 2. more or view all topics or full text. | 17 | 24151 | 09/08/93 |
| 0972S | State of California, Department of Corrections (Thomas) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32635(b). Charging party failed to provide adequate explanation as to why she was unable to submit factual declarations with her brief in opposition to respondent's motion to dismiss for the ALJ's consideration below. Thus, no good cause exists to accept the new declarations on appeal; p. 3. more or view all topics or full text. | 17 | 24047 | 02/09/93 |
| 0969Sa | California State Employees Association (Mitchell) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32615. As charging party must provide respondent with the documents related to her charge, the Board found her contention that PERB improperly released information to the respondent to be without merit; p. 3. more or view all topics or full text. | 17 | 24084 | 04/27/93 |
| 0962S | State of California, Department of Youth Authority 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32630. A jurisdictional rule requires that a charge be dismissed and deferred to arbitration if the grievance machinery of the agreement covers the matter at issue and culminates in binding arbitration, and the conduct complained of is arguably prohibited by the agreement; p. 6. more or view all topics or full text. | 17 | 24019 | 12/04/92 |
| 0964E | Los Angeles Unified School District (Watts) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32910. Public notice complaint must be filed within 30 days of the date when the alleged violation was known or reasonably could have been discovered; p. 4. 32135. Public notice complaint considered timely filed when sent by certified mail, postmarked not later than the last day set for filing; p. 5. Assertion that complainant was aware of proposal earlier not sufficient. 32920. Board agent given the discretion to schedule a hearing to consider a public notice complaint when material factual disputes exist; p. 6. more or view all topics or full text. | 17 | 24021 | 12/08/92 |
| 0964Ea | Los Angeles Unified School District (Watts) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32410(a). Charging party failed to provide any information which would suggest that a further review of the case is appropriate; p. 3. more or view all topics or full text. | 17 | 24039 | 02/05/93 |
| 0959S | California State Employees Association (Finch) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Pursuant to PERB Regulation 32635, Board did not consider facts raised for first time on appeal; p. 2. more or view all topics or full text. | 17 | 24002 | 11/20/92 |
| 0961H | University of California, Los Angeles (Wack) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) (32136) Good cause existed to excuse late filing of response where (1) appeal was not docketed or calendared according to normal office procedures; (2) Board had not ruled on appeal; and (3) there was no prejudice to charging party; p. 2. more or view all topics or full text. | 17 | 24017 | 11/24/92 |
| 0952E | Sacramento City Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32635(b) provides that new charge allegations or supporting evidence may not be presented on appeal without showing good cause. Here the evidence presented dealt with events which occurred after the dismissal. Charging party may file a new charge including this evidence. more or view all topics or full text. | 16 | 23152 | 09/10/92 |
| 2491M | City of Montebello 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 41 | 30 | 06/30/16 |
| A432H | Trustees of the California State University 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 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. | 40 | 138 | 02/11/16 |
| A359S | State of California (Department of Personnel Administration) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Board denied State's request, made pursuant to PERB Regulation 32155(d), 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. | 31 | 66 | 02/22/07 |
| 1220E | Duarte Unified Education Association (Fox) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Reg. 32635(b) prohibits the Board from considering new allegations (not raised in charge, complaint or at hearing) on appeal absent good cause; p. 4. more or view all topics or full text. | 21 | 28160 | 09/26/97 |
| 1216S | State of California (Department of Forestry and Fire Protection) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Since Regulation 32168(b) allows substitution of Board agents at the General Counsel's discretion in representation matters, PERB did not err in substituting a Board agent, who did not conduct the hearing, to prepare the proposed decision; p. 20. The Board will not consider an alleged conflict of interest by the Board agent when the party failed to follow the procedures prescribed by PERB Regulation 32155; p. 21; Evidence of bias should be brought to the Board's attention immediately. Self-serving unsubstantiated suggestion of bias do a disservice to PERB and discredit the alleging party. more or view all topics or full text. | 21 | 28144 | 08/27/97 |
| 1212Ea | California School Employees Association, Chapter 413 (Gonzalez) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Regulation 32136 requires the charging party to show good cause for submitting a late-filed request for reconsideration; absent an explanation for the late filing, the Board is precluded from finding good cause; p. 2. more or view all topics or full text. | 21 | 28165 | 10/20/97 |
| 1001Ea | Associated Administrators of Los Angeles (Watts) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32410(a). Charging party failed to provide any evidence to support his claim that the Board did not thoroughly and carefully consider his appeal; p. 2. more or view all topics or full text. | 17 | 24146 | 08/25/93 |
| 1000Ea | Los Angeles Unified School District (Watts) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Reg. 32410 states there is no right to reconsideration absent a showing of prejudicial error or of newly discovered evidence or law which was not previously available; p. 2. more or view all topics or full text. | 17 | 24147 | 09/01/93 |
| 0990S | State of California (Department of Developmental Services) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Board dismisses appeal which is insufficient under PERB Regulation section 32635(a), where it does not identify portions of the dismissal challenged nor indicate grounds for appeal. 32132(b) For good cause to be found, a party must provide a basis for good cause; p. 2. more or view all topics or full text. | 17 | 24080 | 04/20/93 |
| 0994E | Lake Tahoe Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Regulation 32620. The Board agent did not fully satisfy the requirements of PERB Regulation 32620 and failed (1) to treat the charging party's allegations as true and (2) to leave the weighing of evidence to the administrative law judge following a full evidentiary hearing. more or view all topics or full text. | 17 | 24089 | 04/30/93 |
| 0979Sa | California State Employees Association (Hackett, et al.) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Despite voluminous filings, charging party failed to cite any newly discovered evidence or law which would justify reconsideration by the Board; p. 2. more or view all topics or full text. | 17 | 24105 | 05/27/93 |
| 0949Ha | Regents of the University of California (Einheber) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) A request to reopen the record will be treated as a request for reconsideration under Regulation 32410. more or view all topics or full text. | 21 | 28073 | 04/10/97 |
| 0948S | State of California (Department of Personnel Administration) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Directed election order in this case is not an administrative decision within the meaning of PERB Regulation 32350; p. 5. Reg. 32728. Based on voting eligibility standards set forth in Palo Alto Unified School District, et al. (1979) PERB Decision No. 84 where substitute school teachers were found to have "an established interest" if they taught at least 10 percent of the pupil school days in the current or previous year and where the person must have a reasonable expectation of continued employment. (Oakland Unified School District (1988) PERB Order No. Ad-172); p. 6. The Board found seasonal lifeguards are eligible to vote if: (1) They work for the state in two or more consecutive seasons, the most recent of which was the season closest to the voter eligibility cut-off date; (2) have worked a minimum of 10 percent of the work year of a full-time lifeguard and the 12 months immediately preceding the voter date; (2) have worked a minimum of 10 percent of the work year of a full-time lifeguard and the 12 months immediately preceding the voter eligibility cut-off date; p. 7. Voter eligibility rules should aim at the widest possible election participation consistent with the requirement that voters have the substantial stake in the outcome in bargaining; pp. 57-58, proposed dec.; PERB has long limited the right to vote among part-time and temporary workers to those employees "within an established interest in employment relations" with the employer; p. 6. more or view all topics or full text. | 16 | 23131 | 08/06/92 |
| 0947E | Palomar Community College District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 33100(c) provides discretion to a Board agent to decide whether to require posting of proposed unit amendments after notice of representation hearing has been issued. Refusal to require the posting did not prejudice either the employees or other employee organizations; pp. 6-7. 32155. Board agent noted his relationship with union's counsel on the record in accord with PERB Regulation 32155. Board rejected district's claim of conflict of interest raised only after a decision was issued contrary to the district's position; p. 7. more or view all topics or full text. | 16 | 23111 | 07/14/92 |
| 0945E | California School Employees Association (Flannagan) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Board dismisses appeal which is insufficient under PERB Regulation section 32635(a), where it does not identify portions of the dismissal challenged nor indicate grounds for appeal. more or view all topics or full text. | 16 | 23099 | 06/24/92 |
| 0946Ea | United Teachers-Los Angeles (Moszkowski) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Reconsideration not appropriate as PERB Regulation 32315 does not provide for the right to oral argument on review of dismissals; p. 3. more or view all topics or full text. | 16 | 23153 | 09/11/92 |
| 0939S | State of California (Department of Transportation) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Board dismisses appeal which is insufficient under PERB Regulation section 32635(a), where it does not identify portions of the dismissal challenged nor indicated grounds for appeal. more or view all topics or full text. | 16 | 23089 | 06/10/92 |
| 0940S | State of California (Department of Transportation) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Board dismisses appeal which is insufficient under PERB Regulation section 32635(a), where it does not identify portions of the dismissal challenged nor indicate grounds for appeal. more or view all topics or full text. | 16 | 23090 | 06/10/92 |
| 0941S | International Union of Operating Engineers, Local 12, Public Services Division (Myers) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Board dismisses appeal which is insufficient under PERB Regulation section 32635(a), where it does not identify portions of the dismissal challenged nor indicate grounds for appeal. more or view all topics or full text. | 16 | 23091 | 06/10/92 |
| 0942S | California State Employees Association (Myers) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Board dismisses appeal which is insufficient under PERB Regulation section 32635(a), where it does not identify portions of the dismissal challenged nor indicate grounds for appeal. more or view all topics or full text. | 16 | 23092 | 06/10/92 |
| 0935Ea | Lindsay Teachers Association (Gonzalez) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32410 -- Failure by a party to present a well organized case to a Board agent, or on appeal to the Board, does not constitute appropriate grounds for reconsideration; p. 2. 32615 -- Failure of a charging party to comply with Board regulations governing unfair practice proceedings cannot be cited in support of the contention that the unfair practice charge allegations were not fully considered by a Board agent; p. 3. more or view all topics or full text. | 16 | 23114 | 07/16/92 |
| 0936Ea | Lindsay Unified School District 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) 32410 -- Failure by a party to present a well organized case to a Board agent, or on appeal to the Board, does not constitute appropriate grounds for reconsideration; p. 2. 32615 -- Failure of a charging party to comply with Board regulations governing unfair practice proceedings cannot be cited in support of the contention that the unfair practice charge allegations were not fully considered by a Board agent; p. 3. more or view all topics or full text. | 16 | 23115 | 07/16/92 |
| 0930Ea | California School Employees Association (Simeral) 1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued) Reg. 32410(a). Requesting party's contention that the Board neglected to mention his appeal and Respondent's opposition is untrue and also does not constitute appropriate grounds under which a party may request reconsideration. more or view all topics or full text. | 17 | 24037 | 02/01/93 |