| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2599E |
San Bernardino Community College District
1000.02045: SCOPE OF REPRESENTATION; Evaluations
GPS surveillance of employees is within the scope of representation, as it is a type of information that may be utilized in evaluating and disciplining employees. more or view all topics or full text. |
43 | 85 | 12/05/18 |
| 2602M |
City of Commerce
101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent
When asked to follow private-sector authority, the Board must determine whether the underlying reasoning is consistent with the language and policies of the PERB-administered statutes. more or view all topics or full text. |
43 | 89 | 12/11/18 |
| 2602M |
City of Commerce
300.05000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Grievances
Employee organizations have robust rights to represent employees in the grievance process, which is perhaps the most important point at which employee organizations represent their members in their day-to-day employment relations. more or view all topics or full text. |
43 | 89 | 12/11/18 |
| 2584E |
California Virtual Academies
1105.16000: CASE PROCESSING PROCEDURES; EVIDENCE; Adverse Inferences
If weaker and less satisfactory evidence is offered when it was within the power of the party to produce stronger and more satisfactory evidence, the evidence offered should be viewed with distrust. more or view all topics or full text. |
43 | 54 | 09/21/18 |
| 2584E |
California Virtual Academies
1107.02000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board reviews a proposed decision de novo, may draw contrary inferences from the factual record, and may reverse the ALJ’s legal conclusions. The Board defers to findings of fact that incorporate credibility determinations unless there is evidence to support overturning them. more or view all topics or full text. |
43 | 54 | 09/21/18 |
| 2593H |
Regents of the University of California (Irvine)
300.15000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Speech
During work time, employer may not restrict discussions related to union matters while permitting other non-work discussions. more or view all topics or full text. |
43 | 69 | 10/26/18 |
| 2593H |
Regents of the University of California (Irvine)
400.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES; In General; Standards
A prima facie case of interference will be found when the employer has engaged in conduct that tends to or does result in at least slight harm to rights guaranteed by the statute. The employer then has the burden of demonstrating operational necessity or circumstances beyond the employer’s control as justification for the conduct. The scrutiny with which the employer’s conduct will be examined depends on the severity of the harm. If the harm to protected rights is slight, a violation will be found unless the employer’s business justification outweighs the harm to protected rights. If the employer’s conduct is, instead, inherently destructive of protected rights, it will be excused only on proof that it was occasioned 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 | 69 | 10/26/18 |
| 2593H |
Regents of the University of California (Irvine)
401.05000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Union Activity During Nonworking Time or in Nonworking Areas
Because work time is for work, an employer may restrict non-business activities during work time, but it may not single out union activities for special restriction, or enforce general restrictions more strictly with respect to union activities. more or view all topics or full text. |
43 | 69 | 10/26/18 |
| 2593H |
Regents of the University of California (Irvine)
409.05000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES; Union Consent or Waiver
Waiver of a statutory right is an affirmative defense, and may be established only by: (1) clear and unmistakable agreement; or (2) bargaining history showing that the issue was fully discussed and consciously explored, and that the waiving party intentionally yielded its interest in the matter. more or view all topics or full text. |
43 | 69 | 10/26/18 |
| 2593H |
Regents of the University of California (Irvine)
409.05000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES; Union Consent or Waiver
Contractual prohibition of “[s]uch internal union business as membership recruitment, campaigning for union office, handbilling or other distribution of literature, and all other union activities shall take place during non-work time” was not a clear and unmistakable waiver of employee rights to discuss union matters during work time. more or view all topics or full text. |
43 | 69 | 10/26/18 |
| 2593H |
Regents of the University of California (Irvine)
1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32300 permits a party to file a statement of exceptions, a brief, or both. When a statement of exceptions and supporting brief together provide all of the information required by PERB Regulation 32300, subdivision (a), the Board will find compliance with the regulation. more or view all topics or full text. |
43 | 69 | 10/26/18 |
| 2593H |
Regents of the University of California (Irvine)
1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board disregarded a typographical error in a statement of exceptions where it was able to discern the intended meaning from the remainder of the exceptions. more or view all topics or full text. |
43 | 69 | 10/26/18 |
| 2593H |
Regents of the University of California (Irvine)
1404.03000: GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION; General Principles of Contract Interpretation
According to the maxim that “a word takes its meaning from the company it keeps” (noscitur a sociis), it is appropriate to adopt a restrictive meaning of a listed item if acceptance of a broader meaning would make other items in the list unnecessary or redundant, or would otherwise make the item markedly dissimilar to the other items in the list. more or view all topics or full text. |
43 | 69 | 10/26/18 |
| 2594M |
County of Orange * * * CLARIFIED BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H * * *
750.01000: EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE; In General
CLARIFIED ON OTHER GROUNDS BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H.
Because the meet-and-confer process is itself a procedure for resolving disputes regarding wages, hours, and other terms and conditions of employment, a rule that regulates the process is subject to MMBA section 3507. more or view all topics or full text. |
43 | 73 | 11/06/18 |
| 2594M |
County of Orange * * * CLARIFIED BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H * * *
1000.01000: SCOPE OF REPRESENTATION; In General; Test for Subjects Not Specifically Enumerated
CLARIFIED ON OTHER GROUNDS BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H.
The three-step balancing test from Claremont Police Officers Association v. City of Claremont (2006) 39 Cal.4th 623 applies “to determine whether management must meet and confer with a recognized employee organization . . . when the implementation of a fundamental managerial or policy decision significantly and adversely affects a bargaining unit’s wages, hours, or working conditions.” It does not apply, however, to managerial decisions that directly define the employment relationship, which are always negotiable. more or view all topics or full text. |
43 | 73 | 11/06/18 |
| 2594M |
County of Orange * * * CLARIFIED BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H * * *
1000.02058: SCOPE OF REPRESENTATION; Ground Rules for Negotiations
CLARIFIED ON OTHER GROUNDS BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H.
Ground rules are equivalent to a mandatory subject of bargaining. Provisions of an ordinance that directly regulate the bargaining relationship are within the scope of representation, though some fundamental matters are reserved to the parties and excluded from negotiations. more or view all topics or full text. |
43 | 73 | 11/06/18 |
| 2594M |
County of Orange * * * CLARIFIED BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H * * *
1000.02058: SCOPE OF REPRESENTATION; Ground Rules for Negotiations
CLARIFIED ON OTHER GROUNDS BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H.
A rule requiring an economic analysis of current compensation and benefits received by the bargaining unit, and of possible opening proposals by the employer, is not negotiable because it does not have any direct impact on procedures for negotiations. An employer is entitled to deliberate privately and fully develop a proposal affecting negotiable subjects before presenting it to the employees’ representative. more or view all topics or full text. |
43 | 73 | 11/06/18 |
| 2594M |
County of Orange * * * CLARIFIED BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H * * *
1000.02058: SCOPE OF REPRESENTATION; Ground Rules for Negotiations
CLARIFIED ON OTHER GROUNDS BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H.
A rule proscribing a 30-day period in which negotiations may not take place is negotiable because it affects the bilateral negotiations process. In the absence of a statutory prescription, the parties must determine bilaterally whether negotiations should be placed on hold while the public has an opportunity to comment on initial proposals, and if so, for how long. more or view all topics or full text. |
43 | 73 | 11/06/18 |
| 2594M |
County of Orange * * * CLARIFIED BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H * * *
1000.02058: SCOPE OF REPRESENTATION; Ground Rules for Negotiations
CLARIFIED ON OTHER GROUNDS BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H.
A rule requiring an updated economic analysis during negotiations may be negotiable if the employer interprets the rule to require pausing negotiations while the economic analysis is updated. more or view all topics or full text. |
43 | 73 | 11/06/18 |
| 2594M |
County of Orange * * * CLARIFIED BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H * * *
1000.02058: SCOPE OF REPRESENTATION; Ground Rules for Negotiations
CLARIFIED ON OTHER GROUNDS BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H.
Rules requiring public disclosure of proposals and counter-proposals made during negotiations are negotiable because they may inhibit the free flow of discussions and prohibit the parties from agreeing to conduct negotiations confidentially. more or view all topics or full text. |
43 | 73 | 11/06/18 |
| 2594M |
County of Orange * * * CLARIFIED BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H * * *
1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General
CLARIFIED ON OTHER GROUNDS BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H.
To be severable, an invalid provision must be grammatically, functionally, and volitionally separable from the remaining provision. more or view all topics or full text. |
43 | 73 | 11/06/18 |
| 2594M |
County of Orange * * * CLARIFIED BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H * * *
1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General
CLARIFIED ON OTHER GROUNDS BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H.
Where an ordinance was adopted without meeting and conferring with three exclusive representatives, the Board declared the negotiable provisions of the ordinance void and unenforceable, and ordered the employer to cease and desist enforcing those provisions, as to those exclusive representatives, but not as to exclusive representatives that did not participate in the case. more or view all topics or full text. |
43 | 73 | 11/06/18 |
| 2594M |
County of Orange * * * CLARIFIED BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H * * *
1208.01000: DECLARATORY RELIEF; In General
CLARIFIED ON OTHER GROUNDS BY Trustees of the California State University v. Public Employment Relations Bd. (2026) 118 Cal.App.5th 90 and Trustees of the California State University (2026) PERB Decision No. 2915a-H.
Where an ordinance was adopted without meeting and conferring with three exclusive representatives, the Board declared the negotiable provisions of the ordinance void and unenforceable, and ordered the employer to cease and desist enforcing those provisions, as to those exclusive representatives, but not as to exclusive representatives that did not participate in the case. more or view all topics or full text. |
43 | 73 | 11/06/18 |
| 2556M |
County of San Bernardino
409.03000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES; Discontinuance of Illegal Activity; Retraction; Repudiation; Public Disavowal
Under the Board’s retraction doctrine, an effective retraction must be: (1) timely; (2) unambiguous; (3) specific in nature to the coercive conduct; (4) free from other illegal conduct; (5) adequately publicized to the affected employees; (6) not followed by other illegal conduct; and (7) accompanied by assurances that the employer will not interfere with their protected rights in the future. more or view all topics or full text. |
42 | 114 | 03/06/18 |
| 2556M |
County of San Bernardino
409.04000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES; Union or Employee Misconduct
County agent’s belief that union organizers were violating access policy was not a defense to unlawful surveillance, where the access policy was itself unlawful. more or view all topics or full text. |
42 | 114 | 03/06/18 |
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.
