| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2563E |
Napa Valley Community College District
504.14000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Other/In General
The Board has found direct evidence of motive when an employer announces that it is taking or has taken an adverse action because of or in response to an employee’s protected activity. more or view all topics or full text. |
42 | 154 | 05/25/18 |
| 2563E |
Napa Valley Community College District
505.01000: EMPLOYER DISCRIMINATION; DEFENSES; In General
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
501.03000: EMPLOYER DISCRIMINATION; DISCRIMINATION; Lack of Knowledge of Protected Activity
Charge failed to demonstrate employer knowledge of employee’s prior PERB charges. Although employer was aware of a settlement agreement, it was not necessarily aware of the agreement’s contents. Employer’s reference to a court decision discussing the agreement was a readily apparent explanation for its knowledge of the agreement. more or view all topics or full text. |
42 | 154 | 05/25/18 |
| 2563E |
Napa Valley Community College District
1100.08000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Conclusory allegations without supporting facts are insufficient to establish a prima facie case. more or view all topics or full text. |
42 | 154 | 05/25/18 |
| 2566C |
Los Angeles County Superior Court
100.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA; Purpose of the Act
The possibility of obtaining better treatment as organized, represented employees is implicit in any collective bargaining scheme. That is precisely the point of collective bargaining. more or view all topics or full text. |
43 | 1 | 06/12/18 |
| 2566C |
Los Angeles County Superior Court
101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General
The Board must attempt to harmonize, when possible, the various statutes under its jurisdiction. more or view all topics or full text. |
43 | 1 | 06/12/18 |
| 2566C |
Los Angeles County Superior Court
101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General
The Board does not have authority to enforce article 5 of the Trial Court Act. more or view all topics or full text. |
43 | 1 | 06/12/18 |
| 2566C |
Los Angeles County Superior Court
104.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD; Authority of Board In General; Validity and Application of Regulations (See also 102.01)
The Board cannot enact a regulation expanding the scope of its authority beyond what is authorized by the enabling statute. more or view all topics or full text. |
43 | 1 | 06/12/18 |
| 2566C |
Los Angeles County Superior Court
400.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES; In General; Standards
In cases arising under the MMBA and the Trial Court Act, the Board applies the test for interference from Public Employees Association of Tulare County, Inc. v. Board of Supervisors of Tulare County (1985) 167 Cal.App.3d 797, although it is not clear that that case is inconsistent with Carlsbad Unified School District (1979) PERB Decision No. 89. more or view all topics or full text. |
43 | 1 | 06/12/18 |
| 2566C |
Los Angeles County Superior Court
400.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES; In General; Standards
Side letter agreement providing that future hires would be in a represented classification and not charging parties’ unrepresented classification did not interfere with right to refrain from participating in activities of employee organization. Although agreement reduced the collective strength of charging parties’ classification, unrepresented employees have no right to meet and confer, and thus no right to protect the strength of their classification. more or view all topics or full text. |
43 | 1 | 06/12/18 |
| 2566C |
Los Angeles County Superior Court
401.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; In General; Prima Facie Case.
In cases arising under the MMBA and the Trial Court Act, the Board applies the test for interference from Public Employees Association of Tulare County, Inc. v. Board of Supervisors of Tulare County (1985) 167 Cal.App.3d 797, although it is not clear that that case is inconsistent with Carlsbad Unified School District (1979) PERB Decision No. 89. more or view all topics or full text. |
43 | 1 | 06/12/18 |
| 2566C |
Los Angeles County Superior Court
401.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; In General; Prima Facie Case.
Side letter agreement providing that future hires would be in a represented classification and not charging parties’ unrepresented classification did not interfere with right to refrain from participating in activities of employee organization. Although agreement reduced the collective strength of charging parties’ classification, unrepresented employees have no right to meet and confer, and thus no right to protect the strength of their classification. more or view all topics or full text. |
43 | 1 | 06/12/18 |
| 2566C |
Los Angeles County Superior Court
501.01000: EMPLOYER DISCRIMINATION; DISCRIMINATION; In General; Elements of Prima Facie Case
A prima facie case is established under Campbell Municipal Employees Association v. City of Campbell (1982) 131 Cal.App.3d 416 by “discrimination in its simplest form,” i.e., employer conduct that is facially or inherently discriminatory, such that the employer’s unlawful motive can be inferred without specific evidence. Under this standard, allegations that an employer has treated two groups of employees differently are neither necessary nor sufficient, disapproving State of California (Department of Personnel Administration) (2011) PERB Decision No. 2106a-S. more or view all topics or full text. |
43 | 1 | 06/12/18 |
| 2558E |
Children of Promise Preparatory Academy
606.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Predictably Unacceptable Offer
Proposal that sought to arrogate to the employer unlimited discretion on virtually all mandatory subjects: benefits, compensation, job responsibilities, “or any other terms and conditions of employment” was predictably unacceptable. more or view all topics or full text. |
42 | 124 | 03/27/18 |
| 2558E |
Children of Promise Preparatory Academy
606.09000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Treat Bargaining Obligation Seriously
Proposing that exclusive representative contribute financially to improve employment conditions and hire staff was not a legitimate proposal and was evidence of bad faith. more or view all topics or full text. |
42 | 124 | 03/27/18 |
| 2558E |
Children of Promise Preparatory Academy
606.15000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Other
Per se bargaining violations (refusal to provide information, outright refusal to bargain) are also indicia of bad faith. more or view all topics or full text. |
42 | 124 | 03/27/18 |
| 2558E |
Children of Promise Preparatory Academy
608.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; In General
An employee organization recognized or certified as the exclusive representative enjoys a conclusive presumption of majority support for a one-year period following recognition or certification, and an employer may not refuse to bargain with an exclusive representative during that period of time. more or view all topics or full text. |
42 | 124 | 03/27/18 |
| 2558E |
Children of Promise Preparatory Academy
608.14000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith Doubt of Majority Status
Good faith doubt defense would not apply during the one-year period following recognition or certification, due to conclusive presumption of majority support. more or view all topics or full text. |
42 | 124 | 03/27/18 |
| 2558E |
Children of Promise Preparatory Academy
608.14000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith Doubt of Majority Status
Good faith doubt is not a defense under the National Labor Relations Act; employer may withdraw recognition only where the union has actually lost majority support. more or view all topics or full text. |
42 | 124 | 03/27/18 |
| 2558E |
Children of Promise Preparatory Academy
1103.09000: CASE PROCESSING PROCEDURES; COMPLAINT; Consolidation, Severance, or Bifurcation of Proceedings
The Board has discretion to consolidate charges as it deems appropriate. In determining whether to consolidate charges for disposition by a single decision, the Board considers both fairness and administrative economy, and whether the charges involve similar issues. more or view all topics or full text. |
42 | 124 | 03/27/18 |
| 2558E |
Children of Promise Preparatory Academy
1104.05000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Informal Settlement Conferences
Statements made in settlement conferences convened by PERB are inadmissible as evidence in an administrative hearing. more or view all topics or full text. |
42 | 124 | 03/27/18 |
| 2558E |
Children of Promise Preparatory Academy
1104.07000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify
Oral motion to disqualify ALJ not followed by written motion and not submitted under oath was procedurally invalid. more or view all topics or full text. |
42 | 124 | 03/27/18 |
| 2558E |
Children of Promise Preparatory Academy
1104.07000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify
Motion to disqualify ALJ was properly rejected because the ALJ had not served as an attorney for a party in that case, had not advised a party “upon any matter involved in the proceeding before the Board,” and had not been retained as counsel for a party “within one year prior to the commencement of the case at the Board level.” more or view all topics or full text. |
42 | 124 | 03/27/18 |
| 2558E |
Children of Promise Preparatory Academy
1104.07000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Bias or Prejudice/Motion to Disqualify
ALJ’s prior employment representing unions was not grounds for disqualification. more or view all topics or full text. |
42 | 124 | 03/27/18 |
| 2558E |
Children of Promise Preparatory Academy
1105.07000: CASE PROCESSING PROCEDURES; EVIDENCE; Administrative and Judicial Notice
PERB may take official notice of its own records. more or view all topics or full text. |
42 | 124 | 03/27/18 |
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.
