| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2614E |
Los Rios Community College District and Los Rios College Federation of Teachers, Local 2279
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
To obtain monetary sanctions, including attorney’s fees or other reasonable litigation expenses, the moving party must demonstrate that the claim, defense, motion or other action or tactic was without arguable merit and pursued in bad faith. more or view all topics or full text. |
43 | 105 | 12/21/18 |
| 2614E |
Los Rios Community College District and Los Rios College Federation of Teachers, Local 2279
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
As litigation sanction for frivolous filings, Board advised parties opposing litigant that they need not respond to litigant’s future filings unless and until the Office of the General Counsel notifies the respondent that the charge raises colorable new allegations of EERA violations, and that a response is therefore required. more or view all topics or full text. |
43 | 105 | 12/21/18 |
| 2616H |
Regents of the University of California
401.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; In General; Prima Facie Case.
Overbroad restrictions on protected activity are deemed unlawful in toto, not merely in part. more or view all topics or full text. |
43 | 110 | 12/21/18 |
| 2616H |
Regents of the University of California
401.07000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Display of Union Insignia
Employees have a right to wear union insignia and buttons at their workplace. Restrictions on the right are lawful only if the employer proves they are justified by special circumstances. more or view all topics or full text. |
43 | 110 | 12/21/18 |
| 2616H |
Regents of the University of California
401.07000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Display of Union Insignia
To show special circumstances, employer need not prove actual disruption, though evidence of disruption or lack thereof is a relevant factor. General, speculative, isolated, or conclusory evidence of potential disruption does not amount to special circumstances. more or view all topics or full text. |
43 | 110 | 12/21/18 |
| 2616H |
Regents of the University of California
1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Allegations that are dismissed by the ALJ and about which neither party files exceptions are not before the Board. more or view all topics or full text. |
43 | 110 | 12/21/18 |
| 2616H |
Regents of the University of California
1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board will dismiss exceptions unless the Board’s ruling on the exceptions would change the outcome of the ALJ’s decision. more or view all topics or full text. |
43 | 110 | 12/21/18 |
| A469M |
County of Riverside
1104.07000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify
PER Regulation 32155 does not empower an ALJ or other Board agent to rule on whether a Board member or the entire Board itself should be disqualified. more or view all topics or full text. |
43 | 75 | 11/14/18 |
| A469M |
County of Riverside
1104.07000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify
Bias demonstrated by the General Counsel or the Board itself is not imputable to the ALJs. The ALJs play no part in decisions of the General Counsel or the Board, and neither the Board nor the General Counsel has any role in the ALJs’ decisionmaking processes. more or view all topics or full text. |
43 | 75 | 11/14/18 |
| A469M |
County of Riverside
1107.16000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Disqualification or Bias of Board Agent
The Board may deny special permission to appeal the denial of a request for disqualification when it would not effectuate the purposes of the applicable statute to allow the appeal. The Board granted special permission, in the unique circumstances of this case, based on the number of consolidated cases involved and the nature of the of the arguments for recusal. more or view all topics or full text. |
43 | 75 | 11/14/18 |
| A469M |
County of Riverside
1107.16000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Disqualification or Bias of Board Agent
Request for recusal of a Board member is premature when the case is pending before an ALJ or Board agent. more or view all topics or full text. |
43 | 75 | 11/14/18 |
| A469M |
County of Riverside
1107.16000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Disqualification or Bias of Board Agent
Neither the Board’s decision to seek injunctive relief against alleged unfair practices, nor statements by the General Counsel in pursuing injunctive relief, indicated that the Board itself had a fixed anticipatory prejudgment of the merits of the cases, where the statements by the General Counsel were grounded in the standards for obtaining injunctive relief. more or view all topics or full text. |
43 | 75 | 11/14/18 |
| A471E |
New Haven Unified School District
1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Challenges to an ALJ’s pre-hearing order dismissing a complaint for failure to prosecute are governed by PERB Regulation 32635. Only a charging party may appeal under this regulation, not a respondent or a non-party. more or view all topics or full text. |
43 | 84 | 12/03/18 |
| A471E |
New Haven Unified School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
The Board will deny an application for joinder, made for the first time on appeal of dismissal for failure to prosecute, where the party seeking to join had ample opportunity to join at earlier stages. more or view all topics or full text. |
43 | 84 | 12/03/18 |
| A471E |
New Haven Unified School District
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
The Board lacks authority to order an exclusive representative to represent an employee at PERB. more or view all topics or full text. |
43 | 84 | 12/03/18 |
| 2619M |
County of San Joaquin (Sheriff's Department)
408.03000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Investigatory Interviews
PERB will find a violation of the right to representation when (a) the employee or the union representative requested representation before (b) responding to a request to provide written information, (c) which the employee reasonably believed could result in disciplinary action, and (d) the employer denied the request. PERB found a violation even though the employee did not ultimately submit the written statement. more or view all topics or full text. |
43 | 114 | 12/28/18 |
| 2619M |
County of San Joaquin (Sheriff's Department)
1201.01000: REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS; In General
A purge order with make whole relief was the appropriate remedy for a violation of an employee’s right to representation where employee’s request for a representative triggered the disciplinary process even though employee was disciplined in part for other conduct. more or view all topics or full text. |
43 | 114 | 12/28/18 |
| 2619M |
County of San Joaquin (Sheriff's Department)
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
Notice reading, also known as spoken notice, may be warranted in appropriate circumstances. more or view all topics or full text. |
43 | 114 | 12/28/18 |
| 2609I |
San Francisco County Superior Court and Region 2 Court Interpreter Employment Relations Committee
804.01000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; In General
The unilateral change test is equally applicable to unilateral repudiations by an employer or by an employee organization. more or view all topics or full text. |
43 | 99 | 12/18/18 |
| 2609I |
San Francisco County Superior Court and Region 2 Court Interpreter Employment Relations Committee
804.02000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. 1000)
The unilateral change test is equally applicable to unilateral repudiations by an employer or by an employee organization. more or view all topics or full text. |
43 | 99 | 12/18/18 |
| 2609I |
San Francisco County Superior Court and Region 2 Court Interpreter Employment Relations Committee
804.02000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; Refusal to Bargain in Good Faith (See, also, Scope of Representation, Sec. 1000)
No unilateral change found where the union’s conduct was consistent with a reading of the entire contract article on sympathy strikes. more or view all topics or full text. |
43 | 99 | 12/18/18 |
| 2609I |
San Francisco County Superior Court and Region 2 Court Interpreter Employment Relations Committee
804.03000: UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT; Strike as Unlawful Pressure Tactic
Employer failed to meet burden of proving that union called a sympathy strike that would imminently and substantially threaten the public health or safety within the meaning of County Sanitation District No. 2 of Los Angeles County v. Los Angeles County Employees Association, Local 660 (1985) 38 Cal.3d 564. Employer’s witnesses did not establish that absence of the represented employees prevented work from being performed, nor that temporary replacements were unavailable. more or view all topics or full text. |
43 | 99 | 12/18/18 |
| 2609I |
San Francisco County Superior Court and Region 2 Court Interpreter Employment Relations Committee
1402.02000: GENERAL LEGAL PRINCIPLES; WAIVER; Union's Waiver of Employee or Organizational Rights
Where language in no strike clause is susceptible to more than one interpretation, burden is on charging party employer to provide extrinsic evidence manifesting “clear mutual intent” as to the employer’s preferred interpretation. more or view all topics or full text. |
43 | 99 | 12/18/18 |
| 2609I |
San Francisco County Superior Court and Region 2 Court Interpreter Employment Relations Committee
1404.01000: GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION; In General
When required, PERB interprets collective bargaining agreements according to their plain meaning if the language is clear. If the language is ambiguous, the Board may consider extrinsic evidence, such as bargaining history, where available. The Board also attempts to harmonize contract provisions to give meaning to each provision. more or view all topics or full text. |
43 | 99 | 12/18/18 |
| 2609I |
San Francisco County Superior Court and Region 2 Court Interpreter Employment Relations Committee
1404.02000: GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION; Board's Jurisdiction To Interpret Contracts
Although PERB lacks authority to enforce contracts, it may interpret contracts when necessary to resolve an alleged unfair practice. more or view all topics or full text. |
43 | 99 | 12/18/18 |
Notice Regarding Use of Generative Artificial Intelligence (“AI”) at PERB
For information about use of AI in PERB filings, see Atwater Elementary Teachers Association, CTA/NEA (Garcia) (2025) PERB Decision No. 2995-E and our FAQ.
