Keyword Search by Headnotes - California Public Employment Relations Board

Decision	Description	PERC Vol.	PERC Index	Date
2556M	County of San Bernardino 1107.05000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Precedential Authority of PERB Decisions Even if a previous decision is not factually on all fours with, its reasoning may still be persuasive. more or view all topics or full text.	42	114	03/06/18
2556M	County of San Bernardino 1407.01000: GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION; General Principles A statutory right may be implied by the statute’s text and purposes. more or view all topics or full text.	42	114	03/06/18
2556M	County of San Bernardino 1407.01000: GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION; General Principles The Legislature’s use of one defined term rather than another in a particular statutory provision is significant when interpreting the provision. more or view all topics or full text.	42	114	03/06/18
2556M	County of San Bernardino 1407.01000: GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION; General Principles To interpret one of its statutes, the Board looks to case law interpreting its other statutes, mindful that by vesting PERB with jurisdiction over the MMBA, the Legislature intended “a coherent and harmonious system of public employment relations laws.” (Coachella Valley Mosquito and Vector Control Dist. v. Public Employment Relations Bd. (2005) 35 Cal.4th 1072, 1090.) more or view all topics or full text.	42	114	03/06/18
2556M	County of San Bernardino 1407.01000: GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION; General Principles A statute cannot be interpreted in a manner inconsistent with its purpose. more or view all topics or full text.	42	114	03/06/18
2584E	California Virtual Academies 300.10000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Solicitation/Organizing The solicitation of union support and membership during nonwork time and in nonwork areas lies at the core of EERA’s protections. more or view all topics or full text.	43	54	09/21/18
2584E	California Virtual Academies 503.07000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Discharge; Layoffs; Constructive Discharge; Rejection During Probation Termination is an adverse action. more or view all topics or full text.	43	54	09/21/18
2584E	California Virtual Academies 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Unexplained involvement of charter school network’s head of schools in the decision-making process suggested unlawful motive. more or view all topics or full text.	43	54	09/21/18
2584E	California Virtual Academies 504.04000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action In determining the strength of the inference resulting from the temporal proximity between the protected activity and the adverse action, the Board looks at the dates of all protected activity, not just the earliest. more or view all topics or full text.	43	54	09/21/18
2584E	California Virtual Academies 504.07000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications Exaggerated and shifting justifications between employer’s response to unfair practice charge and testimony at hearing is evidence of unlawful motive. more or view all topics or full text.	43	54	09/21/18
2584E	California Virtual Academies 504.07000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications Unexplained and apparently groundless suggestion that employee be told that purported misconduct could result in additional professional consequences provides at least some evidence of unlawful motive. more or view all topics or full text.	43	54	09/21/18
2584E	California Virtual Academies 504.08000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Cursory Investigation Once an employer undertakes an investigation into alleged misconduct, its failure to conduct the investigation in a fair and impartial manner can be evidence of nexus. Employer’s failure to interview employee, employee’s direct supervisor, or supervisor’s supervisor suggests that employer was not interested in obtaining evidence that might conflict with its desired result. more or view all topics or full text.	43	54	09/21/18
2584E	California Virtual Academies 504.12000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Employer Statements or Conduct; Threats An employer’s clear and unequivocal hostility to collective bargaining, even if accomplished without threats of reprisal or promises of benefit, gives rise to a logical inference that it might target union supporters for adverse action. In any event, criticism of protected solicitation of union support and membership as possibly illegal, a breach of “trust,” and involving “lies” and “trick[s],” sailed well outside the safe harbor for protected employer speech. more or view all topics or full text.	43	54	09/21/18
2584E	California Virtual Academies 504.12000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Employer Statements or Conduct; Threats Anti-union animus of employer’s highest-ranking official, even if she did not make the decision to take an adverse action, is probative of the employer’s culture and the atmosphere in which the decision was made. more or view all topics or full text.	43	54	09/21/18
2584E	California Virtual Academies 504.14000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Other/In General Employer’s statement that telephone call to employee “is not going to go well” and that employee would need to be convinced that “this is serious and not retribution for something else” appeared to be an instance of protesting too much, suggesting an unlawful motive. more or view all topics or full text.	43	54	09/21/18
2584E	California Virtual Academies 505.01000: EMPLOYER DISCRIMINATION; DEFENSES; In General Employer cannot meet its burden of proof that it would have taken the same adverse action regardless of employee’s protected activity if its proffered reason for taking the action was discovered through an investigation that was itself tainted by unlawful motive. more or view all topics or full text.	43	54	09/21/18
2584E	California Virtual Academies 505.01000: EMPLOYER DISCRIMINATION; DEFENSES; In General In determining whether employer has proven it would have taken the same adverse action regardless of the employee’s protected activity, the Board weighs the evidence supporting the employer’s justification for the adverse action against the evidence of unlawful motive. more or view all topics or full text.	43	54	09/21/18
2584E	California Virtual Academies 501.03000: EMPLOYER DISCRIMINATION; DISCRIMINATION; Lack of Knowledge of Protected Activity The Board inferred knowledge of employees protected activity from employer’s statement that telephone call to employee “is not going to go well” and that employee would need to be convinced that “this is serious and not retribution for something else.” more or view all topics or full text.	43	54	09/21/18
A454M	City of Salinas 1107.02000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions The Board may grant a stay of activity when the Board’s action or order would be rendered unnecessary should the Board reverse the Board agent’s ruling. more or view all topics or full text.	42	54	10/20/17
A454M	City of Salinas 1107.02000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions A request for stay of activity pending an appeal of the denial of a factfinding request, aimed at preventing the employer from acting unilaterally before completing factfinding, is beyond the scope of a stay of activity. The remedy for a party seeking to prevent another party from acting unlawfully is a request for injunctive relief under PERB Regulation 32450. more or view all topics or full text.	42	54	10/20/17
A457M	City of Salinas 900.02000: IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH; Declaration/Determination of Impasse For purposes of triggering a request for factfinding under MMBA section 3505.4 and PERB Regulation 32802, a letter stating that the respondent “has fulfilled its obligation under the MMBA . . . by meeting and conferring on May 8, 2017 to discuss and possibly reach agreement regarding the grievance board appointments,” was sufficient written notice of a declaration of impasse. more or view all topics or full text.	42	77	01/04/18
A457M	City of Salinas 900.02000: IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH; Declaration/Determination of Impasse Neither the Office of the General Counsel, nor the Board on appeal, is required to sift through documents provided by the exclusive representative in order to find a declaration of impasse. When presented with a dispute about whether there has been written notice of a declaration of impasse, the Office of the General Counsel may, as part of its investigation, require the requesting party to provide the written notice. more or view all topics or full text.	42	77	01/04/18
A464M	San Diego Metropolitan Transit System * * * PUC TRANSIT CASE. PERB DECISION NUMBER CONTAINS INCORRECT LETTERING, AS CASE DID NOT ARISE UNDER MMBA * * * 1302.01000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements 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
A464M	San Diego Metropolitan Transit System * * * PUC TRANSIT CASE. PERB DECISION NUMBER CONTAINS INCORRECT LETTERING, AS CASE DID NOT ARISE UNDER MMBA * * * 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General 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
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