| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2582M |
City of Davis
1107.04000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Unalleged Violations
The purpose of the unalleged violation test is to ensure that the Board decides a case based on an unalleged theory only when it is clear that the parties have been afforded their due process rights. more or view all topics or full text. |
43 | 51 | 09/05/18 |
| 2582M |
City of Davis
1107.04000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Unalleged Violations
The unalleged violation test does not apply when a charging party relies on evidence of bad faith bargaining that was not pleaded in the complaint or the unfair practice charge. more or view all topics or full text. |
43 | 51 | 09/05/18 |
| 2582M |
City of Davis
1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To
Where an issue was not identified as a specific exception but inextricably intertwined with other exceptions, the Board would err on the side of considering it. more or view all topics or full text. |
43 | 51 | 09/05/18 |
| 2582M |
City of Davis
1407.01000: GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION; General Principles
It is appropriate to rely on precedent interpreting similar provisions of other California labor relations statutes. more or view all topics or full text. |
43 | 51 | 09/05/18 |
| A443Ea |
Morgan Hill Unified School District
1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The reconsideration procedure set forth in PERB Regulation 32410 applies only to Board decisions arising out of exceptions to a proposed decision by an administrative law judge after a formal hearing. more or view all topics or full text. |
41 | 184 | 05/30/17 |
| A443Ea |
Morgan Hill Unified School District
1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The fact a party requested to withdraw its appeal on the date the decision denying the appeal was issued is not grounds for reconsideration or vacating the decision. more or view all topics or full text. |
41 | 184 | 05/30/17 |
| A443Ea |
Morgan Hill Unified School District
1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated
The Board has discretion whether to permit withdrawal of an appeal. more or view all topics or full text. |
41 | 184 | 05/30/17 |
| A443Ea |
Morgan Hill Unified School District
1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated
PERB Regulations do not provide for motions to vacate Board decisions. more or view all topics or full text. |
41 | 184 | 05/30/17 |
| 2578H |
Regents of the University of California (Teamsters Local 2010)
1107.06000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; De Novo Review; Standard of Review by Board
Although the Board reviews exceptions to a proposed decision de novo, where the proposed decision adequately addresses the issues raised by certain exceptions, the Board need not further analyze those exceptions. Nor does the Board need to address alleged errors that would not affect the result, particularly where the excepting party has simply reasserted claims without identifying a specific error of fact or law to justify reversal. more or view all topics or full text. |
43 | 31 | 07/18/18 |
| 2578H |
Regents of the University of California (Teamsters Local 2010)
1107.11000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Oral Argument
The Board denies requests for oral argument when an adequate record has been prepared, the parties have had ample opportunity to present briefs and have availed themselves of that opportunity, and the issues before the Board are sufficiently clear to make oral argument unnecessary. more or view all topics or full text. |
43 | 31 | 07/18/18 |
| 2578H |
Regents of the University of California (Teamsters Local 2010)
1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit
When determining whether an employee should be excluded from a unit, the Board considers the actual job duties performed, not just the job description. more or view all topics or full text. |
43 | 31 | 07/18/18 |
| 2578H |
Regents of the University of California (Teamsters Local 2010)
1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors
When determining whether an employee should be excluded from a unit, the Board considers the actual job duties performed, not just the job description. more or view all topics or full text. |
43 | 31 | 07/18/18 |
| 2578H |
Regents of the University of California (Teamsters Local 2010)
1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors
Under HEERA, an employee is not a supervisor if their duties are substantially similar to those of their subordinates. more or view all topics or full text. |
43 | 31 | 07/18/18 |
| 2578H |
Regents of the University of California (Teamsters Local 2010)
1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors
The Board examines the role of the purported supervisor in personnel decisions concerning matters within the scope of representation, not in decisions over work processes. more or view all topics or full text. |
43 | 31 | 07/18/18 |
| 2578H |
Regents of the University of California (Teamsters Local 2010)
1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors
Participating on hiring panels does not necessarily confer the authority to effectively recommend hiring, for purposes of determining whether an employee is supervisory. more or view all topics or full text. |
43 | 31 | 07/18/18 |
| 2578H |
Regents of the University of California (Teamsters Local 2010)
1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors
The responsibility to gather information about the performance of other employees and report it to management does not necessarily constitute authority to discipline, for purposes of determining whether an employee is supervisory. more or view all topics or full text. |
43 | 31 | 07/18/18 |
| 2578H |
Regents of the University of California (Teamsters Local 2010)
1310.01000: REPRESENTATION ISSUES; UNIT MODIFICATION; In General
When determining whether an employee should be excluded from a unit, the Board considers the actual job duties performed, not just the job description. more or view all topics or full text. |
43 | 31 | 07/18/18 |
| 2578H |
Regents of the University of California (Teamsters Local 2010)
1310.01000: REPRESENTATION ISSUES; UNIT MODIFICATION; In General
A mutual agreement regarding unit placement is permissible and desirable, but is not considered a waiver of the right to petition for unit modification. more or view all topics or full text. |
43 | 31 | 07/18/18 |
| 2582M |
City of Davis
604.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; In General
Necessary and relevant information includes data relevant to a party’s bargaining positions, such as information to assess an employer’s claims used to justify concessionary proposals. more or view all topics or full text. |
43 | 51 | 09/05/18 |
| 2582M |
City of Davis
604.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; Form of Information Provided; Costs
The fact that information may not exist in precisely the form requested does not relieve the employer of its obligation to provide what responsive information it does have, or to state its reasons for failing to do so. more or view all topics or full text. |
43 | 51 | 09/05/18 |
| 2582M |
City of Davis
605.04000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS; Conditional Bargaining
Presenting package proposals addressing matters within the scope of representation is not a refusal to bargain in good faith. more or view all topics or full text. |
43 | 51 | 09/05/18 |
| 2582M |
City of Davis
606.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; In General
Under the totality of the circumstances test, the Board looks to the entire course of negotiations, including the parties’ conduct at and away from the table, to determine whether the respondent has bargained in good faith, which our precedents describe as a subjective intent to reconcile differences and reach agreement. more or view all topics or full text. |
43 | 51 | 09/05/18 |
| 2582M |
City of Davis
606.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; In General
Even if the evidence is insufficient to establish any recognized indicium of bad faith, it may be concluded under the totality of circumstances that the respondent lacked an intent to reach agreement. more or view all topics or full text. |
43 | 51 | 09/05/18 |
| 2582M |
City of Davis
606.02000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Inflexible Position
Order to make employees whole after employer unlawfully imposed its last, best, and final offer did not preclude employer from later pursuing the same cost-saving objectives in good faith negotiations. more or view all topics or full text. |
43 | 51 | 09/05/18 |
| 2582M |
City of Davis
606.11000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Provide Counter-Proposals
Given that parties’ previous agreement did not contain binding arbitration, employer’s opposition to binding arbitration proposal and its explanation that it “was happy with the way things are” were not necessarily evidence of bad faith. more or view all topics or full text. |
43 | 51 | 09/05/18 |
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.
