| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2609I |
San Francisco County Superior Court and Region 2 Court Interpreter Employment Relations Committee
1404.03000: GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION; General Principles of Contract Interpretation
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 |
| 2613M |
County of Santa Clara
300.01000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; In General
There is no more fundamental right afforded employees under the statutory scheme than the right to communicate with others about working conditions, which include the circumstances underlying and surrounding an investigation into alleged employee misconduct. more or view all topics or full text. |
43 | 104 | 12/21/18 |
| 2613M |
County of Santa Clara
400.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES; In General; Standards
A prima facie case of interference is established by allegations that an employer’s conduct tends to or does result in some harm to employee rights under our statutes. If the harm to protected rights is slight and the employer offers justification based on operational necessity, the competing interests are balanced. If the harm to employee rights outweighs the asserted business justification, a violation will be found. Where the employer’s conduct is inherently destructive of protected rights, it will be excused only on proof that it was caused by circumstances beyond the employer’s control and that no alternative course of action was available. more or view all topics or full text. |
43 | 104 | 12/21/18 |
| 2613M |
County of Santa Clara
404.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS; In General
Directive prohibiting employee from communicating with co-workers about matter for which he was being investigated prevented him from contacting potential witnesses, making inquiries that could help him prepare for investigatory interview, and from assisting the union in representing him. more or view all topics or full text. |
43 | 104 | 12/21/18 |
| 2613M |
County of Santa Clara
409.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES; Business Necessity
Employer failed to meet burden of establishing justification for overbroad directive because it made no attempt to do so, but rather only claimed, without basis, that various external laws prohibited it from attempting to do so. more or view all topics or full text. |
43 | 104 | 12/21/18 |
| 2613M |
County of Santa Clara
1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Noncompliance with PERB Regulation 32300, subdivision (a), can result in dismissal of the exceptions without review of the merits of the excepting party’s claims. However, based on public policy favoring resolving cases on their merits, the Board may exercise its discretion to disregard noncompliance. more or view all topics or full text. |
43 | 104 | 12/21/18 |
| 2613M |
County of Santa Clara
1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Failure to advance an argument in exceptions constitutes abandonment of the argument. more or view all topics or full text. |
43 | 104 | 12/21/18 |
| 2613M |
County of Santa Clara
1107.11000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Oral Argument
The Board typically denies such requests when an adequate record has been prepared, the parties had ample opportunity to present briefs and have availed themselves of that opportunity, and the issues before the Board are sufficiently clear as to make oral argument unnecessary. more or view all topics or full text. |
43 | 104 | 12/21/18 |
| 2614E |
Los Rios Community College District and Los Rios College Federation of Teachers, Local 2279
1100.01000: CASE PROCESSING PROCEDURES; CHARGE; In General/Prima Facie Case
The procedure for claiming error in the dismissal of an unfair practice charge is to appeal the dismissal to the Board itself, not to file a new unfair practice charge. 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
1100.05000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
On appeal of dismissal, charging party may present new allegations or evidence if they were not available before the charge was dismissed. 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
1100.05000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
The procedure for claiming error in the dismissal of an unfair practice charge is to appeal the dismissal to the Board itself, not to file a new unfair practice charge. 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
1100.05000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Only the charging party has standing to appeal the dismissal of an unfair practice charge. 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
1100.05000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Late filing of appeal may be excused in the discretion of the Board for good cause only, a standard which requires an affirmative showing of good cause for the late filing, as well as the absence of prejudice to the opposing party. more or view all topics or full text. |
43 | 105 | 12/21/18 |
| 2602M |
City of Commerce
400.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES; In General; Standards
A prima facie case of interference may be stated without evidence that an employee has already engaged in protected activity, so long as the employer’s conduct has a tendency to deter future protected activity. more or view all topics or full text. |
43 | 89 | 12/11/18 |
| 2602M |
City of Commerce
400.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES; In General; Standards
Interference may be found without evidence that the respondent had a conniving or underhanded purpose, that any employees subjectively felt threatened or intimidated, or that employees were deterred from engaging in protected activity. more or view all topics or full text. |
43 | 89 | 12/11/18 |
| 2602M |
City of Commerce
402.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; QUESTIONING/INTERROGATING EMPLOYEES; In General
Interviews of employees who have been identified as union witnesses in an arbitration hearing interfere with employee and union rights because employees were not assured their participation was voluntary, and employer inquired into union’s arbitration strategy. more or view all topics or full text. |
43 | 89 | 12/11/18 |
| 2602M |
City of Commerce
402.03000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; QUESTIONING/INTERROGATING EMPLOYEES; Union Activities or Membership
Interviews of employees who have been identified as union witnesses in an arbitration hearing interfere with employee and union rights because employees were not assured their participation was voluntary, and employer inquired into union’s arbitration strategy. more or view all topics or full text. |
43 | 89 | 12/11/18 |
| 2602M |
City of Commerce
409.05000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES; Union Consent or Waiver
Union’s failure to cite legal authority against employer’s intended course of action does not absolve the employer of interfering with employee and union rights. more or view all topics or full text. |
43 | 89 | 12/11/18 |
| 2602M |
City of Commerce
1107.11000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Oral Argument
Request for oral argument denied where the issues before the Board are sufficiently clear that oral argument is unnecessary. more or view all topics or full text. |
43 | 89 | 12/11/18 |
| 2602M |
City of Commerce
1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General
The Board finds no authority for declining to issue a cease-and-desist order based on the relative lack of severity of the unfair practices committed. more or view all topics or full text. |
43 | 89 | 12/11/18 |
| 2602M |
City of Commerce
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
The Board finds no authority for declining to order a notice posting based on the relative lack of severity of the unfair practices committed. more or view all topics or full text. |
43 | 89 | 12/11/18 |
| 2602M |
City of Commerce
1402.02000: GENERAL LEGAL PRINCIPLES; WAIVER; Union's Waiver of Employee or Organizational Rights
Union’s failure to cite legal authority against employer’s intended course of action does not absolve the employer of interfering with employee and union rights. more or view all topics or full text. |
43 | 89 | 12/11/18 |
| 2602M |
City of Commerce
1402.04000: GENERAL LEGAL PRINCIPLES; WAIVER; By Acquiescence/Conduct
Union’s failure to cite legal authority against employer’s intended course of action does not absolve the employer of interfering with employee and union rights. more or view all topics or full text. |
43 | 89 | 12/11/18 |
| 2603M |
City of Yuba City
501.01000: EMPLOYER DISCRIMINATION; DISCRIMINATION; In General; Elements of Prima Facie Case
If an employer has engaged in conduct that is facially or inherently discriminatory, i.e., discrimination in its simplest form, the employer’s unlawful motive can be inferred without specific evidence. The employer bears the burden of justifying such conduct by coming forward with a legitimate business justification. On the other hand, if the employer’s conduct is not facially or inherently discriminatory, the charging party must prove the employer’s unlawful motive under Novato Unified School District (1982) PERB Decision No. 210. more or view all topics or full text. |
43 | 90 | 12/12/18 |
| 2603M |
City of Yuba City
501.01000: EMPLOYER DISCRIMINATION; DISCRIMINATION; In General; Elements of Prima Facie Case
No prima facie case of inherently discriminatory conduct where the employees were treated less favorably than those in other bargaining units because their exclusive representative rejected the more favorable proposals accepted by other units. more or view all topics or full text. |
43 | 90 | 12/12/18 |
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.
