| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 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
Where employer explained its position on union’s proposal and union did not raise the issue later in negotiations, no evidence of bad faith was found. 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
The Board has never held that a party’s failure to explain its position on a non-mandatory subject of bargaining is evidence of bad faith. more or view all topics or full text. |
43 | 51 | 09/05/18 |
| 2582M |
City of Davis
606.13000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Parity Agreements
Entering into a parity agreement may be evidence of bad faith, but not where the agreement was entered into after impasse was declared. more or view all topics or full text. |
43 | 51 | 09/05/18 |
| 2573M |
County of Riverside
103.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; In General
As gifts of public funds are prohibited by the California Constitution, employer’s argument that the Board’s interpretation of a statute would result in a gift of public funds was considered to avoid a constitutional conflict. No gift of public funds would result because the Board’s interpretation served an indisputably public purpose. more or view all topics or full text. |
43 | 17 | 06/25/18 |
| 2573M |
County of Riverside
401.10000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Released Time
MMBA section 3505.3 entitles employees to the same compensation they would have otherwise earned if they had not been released for bargaining. more or view all topics or full text. |
43 | 17 | 06/25/18 |
| 2573M |
County of Riverside
602.04000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in or Deviation from Unwritten Past Practice
A practice need not be universal to constitute a term or condition of employment, as long as it is regular and longstanding. more or view all topics or full text. |
43 | 17 | 06/25/18 |
| 2573M |
County of Riverside
602.04000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in or Deviation from Unwritten Past Practice
Just as a single instance is not sufficient to create a past practice, a single instance in which the practice was not followed is not sufficient to defeat the past practice. more or view all topics or full text. |
43 | 17 | 06/25/18 |
| 2573M |
County of Riverside
602.04000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in or Deviation from Unwritten Past Practice
When there is no evidence that the employer’s representatives had knowledge of a past practice, the Board does not find it to be binding. However, when the employer possesses the necessary facts, the Board may find a past practice even if no single official was personally aware of the numerous instances making up the past practice. more or view all topics or full text. |
43 | 17 | 06/25/18 |
| 2573M |
County of Riverside
602.04000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in or Deviation from Unwritten Past Practice
Past practices created by mistake may still be binding. more or view all topics or full text. |
43 | 17 | 06/25/18 |
| 2573M |
County of Riverside
1101.01000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; In General
When an unalleged violation arises from the same facts as the allegations in the complaint, the unalleged violation is timely if the complaint allegations are timely. When the unalleged violation is a matter that was alleged in the unfair practice charge but omitted from the complaint, the unalleged violation is timely if the charge was timely filed. more or view all topics or full text. |
43 | 17 | 06/25/18 |
| 2573M |
County of Riverside
1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling
Equitable tolling only applies for the period of time while the matter was pending in advisory arbitration. more or view all topics or full text. |
43 | 17 | 06/25/18 |
| 2573M |
County of Riverside
1107.04000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Unalleged Violations
When the unalleged violation arises from the same facts as the allegations in the complaint, the unalleged violation is timely if the complaint allegations are timely. When the unalleged violation is a matter that was alleged in the unfair practice charge but omitted from the complaint, the unalleged violation is timely if the charge was timely filed. more or view all topics or full text. |
43 | 17 | 06/25/18 |
| 2573M |
County of Riverside
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 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 | 17 | 06/25/18 |
| 2573M |
County of Riverside
1109.02000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; Statute of Limitations
When an unalleged violation arises from the same facts as the allegations in the complaint, the unalleged violation is timely if the complaint allegations are timely. When the unalleged violation is a matter that was alleged in the unfair practice charge but omitted from the complaint, the unalleged violation is timely if the charge was timely filed. more or view all topics or full text. |
43 | 17 | 06/25/18 |
| 2576M |
County of Riverside
1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated
Based on the Board’s review of the parties’ request to dismiss the complaint and unfair practice charge, the Board finds the request to be in the best interest of the parties and consistent with the purposes of the MMBA to promote harmonious labor relations. more or view all topics or full text. |
43 | 24 | 06/29/18 |
| 2577M |
Port of West Sacramento
200.01000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
To determine whether individuals are employees of a public agency subject to the MMBA or of another entity, the courts adapted the common law test for distinguishing an employee from an independent contractor, including (1) the right to control the duties of employees; (2) the power to discharge employees; (3) payment of salary; (4) the nature of the services; and (5) the parties’ belief as to the employment relationship. The right to control the purported employees’ duties is the most important factor. more or view all topics or full text. |
43 | 30 | 07/11/18 |
| 2577M |
Port of West Sacramento
200.01000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); In General
After a public entity has subcontracted the work of employees to another entity, it does not remain the employer of those performing the work. more or view all topics or full text. |
43 | 30 | 07/11/18 |
| 2578H |
Regents of the University of California (Teamsters Local 2010)
200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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)
200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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)
200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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)
200.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); 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)
1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
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)
1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Failing to discuss, distinguish, or explain why the authority cited by the hearing officer should not be followed is tantamount to abandoning the exception. more or view all topics or full text. |
43 | 31 | 07/18/18 |
| 2566C |
Los Angeles County Superior Court
501.01000: EMPLOYER DISCRIMINATION; DISCRIMINATION; In General; Elements of Prima Facie Case
Where differently treated employees were not similarly situated, there is no prima facie case under Campbell Municipal Employees Association v. City of Campbell (1982) 131 Cal.App.3d 416. more or view all topics or full text. |
43 | 1 | 06/12/18 |
| 2566C |
Los Angeles County Superior Court
504.14000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Other/In General
Direct evidence is not necessarily stronger or more persuasive than circumstantial evidence. more or view all topics or full text. |
43 | 1 | 06/12/18 |
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.
