Decision 2394C – Santa Clara County Superior Court

SF-CE-15-C

Decision Date: October 20, 2014

Decision Type: PERB Decision

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Perc Vol: 39
Perc Index: 56

Decision Headnotes

103.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA
103.01000 – In General

PERB does not have the authority to declare a statute unconstitutional.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.03000 – Decision vs Effects Bargaining

The Legislature intended in Government Code section 68106 to authorize the California Judicial Council to close courts and implement furloughs without bargaining over that decision. The Legislature modified the scope of bargaining by absolving the Court of the duty to bargain over the decision to impose furloughs when it enacted Government Code section 68106.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.03000 – Business Necessity; Employer Financial Position

The overriding intent of Government Code section 68106 was to save money so that the judicial branch could continue to function.

1000.00000 – SCOPE OF REPRESENTATION
1000.01000 – In General; Test for Subjects Not Specifically Enumerated

The Legislature modified the scope of bargaining by absolving the Court of the duty to bargain over the decision to impose furloughs when it enacted Government Code section 68106.

1000.00000 – SCOPE OF REPRESENTATION
1000.02076 – Lay-Offs

The Legislature modified the scope of bargaining by absolving the Court of the duty to bargain over the decision to impose furloughs when it enacted Government Code section 68106.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.07000 – Administrative and Judicial Notice

With regard to the propriety of an ALJ’s taking of official notice, the Board has applied the standards for the taking of judicial notice in a California court of law. The taking of judicial notice is governed by Evidence Code sections 451 and 452.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.10000 – Request for Reconsideration

PERB Regulation 32410 governs requests for reconsideration and limits such requests to claims that: (1) the Board’s decision contained 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. Requests for reconsideration based on newly discovered evidence, must be accompanied by a declaration under penalty of perjury establishing that the evidence: (1) was not previously available; (2) could not have been discovered prior to the hearing with the exercise of reasonable diligence; (3) was submitted within a reasonable time of its discovery; (4) is relevant to the issues sought to be considered; and (5) impacts or alters the decision of the previously decided case.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.19000 – Motion to Reopen Record

The standard applied by the Board when considering whether to reopen the record to take further evidence is the same standard applied to requests for reconsideration.