| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2566C |
Los Angeles County Superior Court
505.01000: EMPLOYER DISCRIMINATION; DEFENSES; In General
In determining whether employer has established its affirmative defense, the Board weighs the evidence supporting the employer’s justification for the adverse action against the evidence of the unlawful motive. more or view all topics or full text. |
43 | 1 | 06/12/18 |
| 2566C |
Los Angeles County Superior Court
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, it will generally decline to consider an argument not raised to the ALJ. more or view all topics or full text. |
43 | 1 | 06/12/18 |
| 2566C |
Los Angeles County Superior Court
1107.06000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; De Novo Review; Standard of Review by Board
Although the Board generally reviews exceptions to a proposed decision de novo, it will generally decline to review an argument not raised to the ALJ. more or view all topics or full text. |
43 | 1 | 06/12/18 |
| 2566C |
Los Angeles County Superior Court
1407.01000: GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION; General Principles
Statutes must be interpreted to avoid giving effect to drafting errors. more or view all topics or full text. |
43 | 1 | 06/12/18 |
| 2566C |
Los Angeles County Superior Court
1503.01000: MISCELLANEOUS ISSUES; REGULATIONS; In General
The Board cannot enact a regulation expanding the scope of its authority beyond what is authorized by the enabling statute. The Board regarded a regulation that appeared to do so as a drafting error. more or view all topics or full text. |
43 | 1 | 06/12/18 |
| 2566C |
Los Angeles County Superior Court
1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued)
PERB Regulation 32606, subdivision (g), contains a drafting error to the extent it defines any violation of the Trial Court Act as an unfair practice. PERB only has jurisdiction over article 3 of the Trial Court Act. more or view all topics or full text. |
43 | 1 | 06/12/18 |
| 2569M |
City of San Jose (International Federation of Professional and Technical Employees)
1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated
Where parties requested to place case in abeyance after exceptions were filed, and did not respond to letter from PERB’s General Counsel stating his understanding that the matter had been resolved, the Board deemed the exceptions withdrawn and dismissed the complaint and underlying unfair practice charge with prejudice. more or view all topics or full text. |
43 | 4 | 06/14/18 |
| 2570M |
City of San Jose (International Association of Fire Fighters Local 230)
1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated
Where parties requested to place case in abeyance after exceptions were filed, and did not respond to letter from PERB’s General Counsel stating his understanding that the matter had been resolved, the Board deemed the exceptions withdrawn and dismissed the complaint and underlying unfair practice charge with prejudice. more or view all topics or full text. |
43 | 5 | 06/14/18 |
| 2572M |
San Bernardino Public Employees Association
801.05000: UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION; Union Threats; Violence
Statement that union president intended to file disciplinary charges against employee for perjury was not an adverse action where employee was informed the next working day, through no effort of his own, that union president would not be filing charges. more or view all topics or full text. |
43 | 7 | 06/21/18 |
| 2572M |
San Bernardino Public Employees Association
801.05500: UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION; Discrimination
Statement that union president intended to file disciplinary charges against employee for perjury was not an adverse action where employee was informed the next working day, through no effort of his own, that union president would not be filing charges. more or view all topics or full text. |
43 | 7 | 06/21/18 |
| 2572M |
San Bernardino Public Employees Association
803.01000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Before an employee is obligated to join the union or pay an agency fee, union must give notice of right not to become a member and to object to paying for union activities unrelated to the union’s duties as the bargaining representative, but this notice need not be provided in the organizational security provisions in a memorandum of understanding. more or view all topics or full text. |
43 | 7 | 06/21/18 |
| 2572M |
San Bernardino Public Employees Association
803.03000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
Before an employee is obligated to join the union or pay an agency fee, union must give notice of right not to become a member and to object to paying for union activities unrelated to the union’s duties as the bargaining representative, but this notice need not be provided in the organizational security provisions in a memorandum of understanding. more or view all topics or full text. |
43 | 7 | 06/21/18 |
| 2572M |
San Bernardino Public Employees Association
1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board declined to consider an argument not made to the ALJ. more or view all topics or full text. |
43 | 7 | 06/21/18 |
| 2572M |
San Bernardino Public Employees Association
1107.04000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Unalleged Violations
The Board may consider an allegation not included in the complaint if: (1) adequate notice and opportunity to defend has been provided to respondent; (2) the acts are intimately related to the subject matter of the complaint and are part of the same course of conduct; (3) the unalleged violation has been fully litigated; and (4) the parties have had the opportunity to examine and be crossexamined on the issue. more or view all topics or full text. |
43 | 7 | 06/21/18 |
| 2572M |
San Bernardino Public Employees Association
1107.04000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Unalleged Violations
Making an argument for the first time in a post-hearing brief is not sufficient notice of an unalleged violation. more or view all topics or full text. |
43 | 7 | 06/21/18 |
| 2572M |
San Bernardino Public Employees Association
1107.06000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; De Novo Review; Standard of Review by Board
The Board declined to consider an argument not made to the ALJ. more or view all topics or full text. |
43 | 7 | 06/21/18 |
| 2572M |
San Bernardino Public Employees Association
1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To
The Board has discretion to review matters not excepted to, including when, as here, the correction is needed to “prevent an erroneously-decided issue from becoming Board precedent.” Sua sponte review is particularly appropriate when the erroneously decided issue is closely intertwined with the exceptions before the Board. more or view all topics or full text. |
43 | 7 | 06/21/18 |
| 2572M |
San Bernardino Public Employees Association
1501.01000: MISCELLANEOUS ISSUES; FINANCIAL REPORTS; In General
No violation of MMBA section 3502.5(f) where employee received financial reports with stamps or watermarks that did not completely obscure any information in the report. more or view all topics or full text. |
43 | 7 | 06/21/18 |
| 2563E |
Napa Valley Community College District
300.15000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Speech
In general, an employee’s speech is protected if it is related to matters of legitimate concern to the employees as employees. more or view all topics or full text. |
42 | 154 | 05/25/18 |
| 2563E |
Napa Valley Community College District
300.15000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Speech
The right of discussion is not limited to conversations about matters specific to the bargaining unit. School employees and employee organizations have a right to communicate at the worksite, free from employer restriction, about specific terms and conditions of employment as well as matters of more general political, social or economic concern to employees. This right is limited if the relationship between the political activity and the employment relationship is so attenuated as to lose its protection. more or view all topics or full text. |
42 | 154 | 05/25/18 |
| 2563E |
Napa Valley Community College District
300.15000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Speech
Speech advocating a change in federal spending priorities on education was not so attenuated from the legitimate subject of instructor pay as to lose its protection. more or view all topics or full text. |
42 | 154 | 05/25/18 |
| 2563E |
Napa Valley Community College District
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
The Board will presume that employees who have rightful access to their employer’s e-mail system in the course of their work have a right to use the e-mail system to engage in EERA protected communications on nonworking time. An employer may rebut the presumption by demonstrating that special circumstances necessary to maintain production or discipline justify restricting its employees’ rights. more or view all topics or full text. |
42 | 154 | 05/25/18 |
| 2563E |
Napa Valley Community College District
501.01000: EMPLOYER DISCRIMINATION; DISCRIMINATION; In General; Elements of Prima Facie Case
The “but for” test is how PERB assesses the employer’s affirmative defense once a charging party has established a prima facie case of retaliation. It is irrelevant to the analysis of a prima facie case. more or view all topics or full text. |
42 | 154 | 05/25/18 |
| 2563E |
Napa Valley Community College District
504.07000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; No reason or Inconsistent Reasons Given; Shifting Justifications
Taking adverse action for unsubstantiated reasons may be evidence of unlawful motive. more or view all topics or full text. |
42 | 154 | 05/25/18 |
| 2563E |
Napa Valley Community College District
504.08000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Cursory Investigation
Insufficient allegations of a cursory investigation where charge alleged trivial errors in letter from employer and failed to establish that the employer had a practice of interviewing employees in similar circumstances. more or view all topics or full text. |
42 | 154 | 05/25/18 |
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.
