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DecisionDescriptionPERC Vol.PERC IndexDate
2558E Children of Promise Preparatory Academy
1105.15000: CASE PROCESSING PROCEDURES; EVIDENCE; Privileged Communications
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
1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board consolidated two cases for decision after exceptions were filed, because they involved the same parties and similar issues. more or view all topics or full text.		 42 124 03/27/18
2558E Children of Promise Preparatory Academy
1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Exceptions asserting that proposed decision’s findings do not “reflect the true facts,” without citing record evidence, are rejected for failure to comply with PERB Regulation 32300(a)(3). more or view all topics or full text.		 42 124 03/27/18
2558E Children of Promise Preparatory Academy
1203.01000: REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS; In General
Bargaining order is the appropriate remedy where employer has failed to bargain in good faith. more or view all topics or full text.		 42 124 03/27/18
2558E Children of Promise Preparatory Academy
1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued)
Under PERB Regulation 32612(d), Board will determine whether to consolidate charges based on fairness and administrative economy, and whether the charges involve similar issues. more or view all topics or full text.		 42 124 03/27/18
2563E Napa Valley Community College District
300.01000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; In General
The right to “form, join, and participate” in employee organization activity is not textually limited to those activities sanctioned by the exclusive representative. Additionally, the Board has long held that this right extends to participation in group activity—or actions that are the logical continuation of group activity—not merely employee organization activity. more or view all topics or full text.		 42 154 05/25/18
2563E Napa Valley Community College District
300.05000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Grievances
An employee engages in protected activity by asserting a violation of a labor agreement even outside the contractual grievance process. more or view all topics or full text.		 42 154 05/25/18
2563E Napa Valley Community College District
300.05000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Grievances
Grievance processing, whether done by an individual seeking to invoke the protections or benefits of a collectively bargained agreement, or by the exclusive representative seeking to enforce its agreement, is protected activity. more or view all topics or full text.		 42 154 05/25/18
2567E Hartnell Community College District
1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board denied Charging Party’s exception which asserted that the ALJ had improperly failed to consider evidence that the employer’s decisionmaker had received biased, inaccurate or incomplete information from a subordinate, which influenced the decision to take adverse action against Charging Party. The exception included no citation to the record and did not identify any specific evidence that was neglected. ERB Regulation 32300 requires the party filing exceptions to: (1) state the specific issues of procedure, fact, law or rationale to which each exception is taken; (2) identify the page or part of the decision to which each exception is taken; (3) designate the portions of the record relied upon; and (4) state the grounds for each exception. (PERB Reg. 32300.) more or view all topics or full text.		 43 2 06/12/18
2567E Hartnell Community College District
1503.01000: MISCELLANEOUS ISSUES; REGULATIONS; In General
The Board denied Charging Party’s exception which asserted that the ALJ had improperly failed to consider evidence that the employer’s decisionmaker had received biased, inaccurate or incomplete information from a subordinate, which influenced the decision to take adverse action against Charging Party. The exception included no citation to the record and did not identify any specific evidence that was neglected. ERB Regulation 32300 requires the party filing exceptions to: (1) state the specific issues of procedure, fact, law or rationale to which each exception is taken; (2) identify the page or part of the decision to which each exception is taken; (3) designate the portions of the record relied upon; and (4) state the grounds for each exception. (PERB Reg. 32300.) more or view all topics or full text.		 43 2 06/12/18
2567E Hartnell Community College District
1503.02000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
The Board denied Charging Party’s exception which asserted that the ALJ had improperly failed to consider evidence that the employer’s decisionmaker had received biased, inaccurate or incomplete information from a subordinate, which influenced the decision to take adverse action against Charging Party. The exception included no citation to the record and did not identify any specific evidence that was neglected. ERB Regulation 32300 requires the party filing exceptions to: (1) state the specific issues of procedure, fact, law or rationale to which each exception is taken; (2) identify the page or part of the decision to which each exception is taken; (3) designate the portions of the record relied upon; and (4) state the grounds for each exception. (PERB Reg. 32300.) more or view all topics or full text.		 43 2 06/12/18
2567E Hartnell Community College District
1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued)
The Board denied Charging Party’s exception which asserted that the ALJ had improperly failed to consider evidence that the employer’s decisionmaker had received biased, inaccurate or incomplete information from a subordinate, which influenced the decision to take adverse action against Charging Party. The exception included no citation to the record and did not identify any specific evidence that was neglected. ERB Regulation 32300 requires the party filing exceptions to: (1) state the specific issues of procedure, fact, law or rationale to which each exception is taken; (2) identify the page or part of the decision to which each exception is taken; (3) designate the portions of the record relied upon; and (4) state the grounds for each exception. (PERB Reg. 32300.) more or view all topics or full text.		 43 2 06/12/18
2567E Hartnell Community College District
1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Absent any clear statement of the issues or the grounds for an exception or, at least some explanation of each exception’s significance within the overall context of the case, the Board declined to consider several of Charging Party’s exceptions for failure to comply with the requirements of PERB Regulation 32300. (p. 13.) more or view all topics or full text.		 43 2 06/12/18
2567E Hartnell Community College District
1503.01000: MISCELLANEOUS ISSUES; REGULATIONS; In General
Absent any clear statement of the issues or the grounds for an exception or, at least some explanation of each exception’s significance within the overall context of the case, the Board declined to consider several of Charging Party’s exceptions for failure to comply with the requirements of PERB Regulation 32300. (p. 13.) more or view all topics or full text.		 43 2 06/12/18
2567E Hartnell Community College District
1503.02000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Absent any clear statement of the issues or the grounds for an exception or, at least some explanation of each exception’s significance within the overall context of the case, the Board declined to consider several of Charging Party’s exceptions for failure to comply with the requirements of PERB Regulation 32300. (p. 13.) more or view all topics or full text.		 43 2 06/12/18
2567E Hartnell Community College District
1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued)
Absent any clear statement of the issues or the grounds for an exception or, at least some explanation of each exception’s significance within the overall context of the case, the Board declined to consider several of Charging Party’s exceptions for failure to comply with the requirements of PERB Regulation 32300. (p. 13.) more or view all topics or full text.		 43 2 06/12/18
2542E Lynwood Teachers Association (Porter, et. al)
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 EERA to promote harmonious labor relations. more or view all topics or full text.		 42 60 11/09/17
2545Ea Alliance College-Ready Public Schools et al.
1107.10000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Request for Reconsideration
Reconsideration denied where the request: (1) primarily asserted legal error, not factual error; (2) relied on facts not timely brought to the Board’s attention in exceptions or response to cross-exceptions; and (3) failed to proffer newly discovered evidence. more or view all topics or full text.		 43 8 06/20/18
2545Ea Alliance College-Ready Public Schools et al.
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
The Board has broad authority when reviewing exceptions, and has exercised this authority to accept supplemental briefing and request supplemental briefing. However, after a final decision has been issued, the Board’s authority to request supplemental briefing on issues raised or addressed by that decision is limited to issues that have been raised in a valid request for reconsideration. more or view all topics or full text.		 43 8 06/20/18
2558E Children of Promise Preparatory Academy
604.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; In General
Exclusive representative’s failure to cite specific legal authority in support of request for information did not excuse employer’s failure to provide the information. It is not incumbent on the exclusive representative to educate the employer on its legal obligations. more or view all topics or full text.		 42 124 03/27/18
2558E Children of Promise Preparatory Academy
604.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; In General
A five-month delay in providing information is unreasonable and tantamount to a failure to provide information. more or view all topics or full text.		 42 124 03/27/18
2558E Children of Promise Preparatory Academy
605.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS; Outright Refusal to Bargain
Employer therefore had duty to bargain with the certified representative because the administrative determination ordering certification was not stayed by the filing of an appeal or of a request for stay of the administrative determination. more or view all topics or full text.		 42 124 03/27/18
2558E Children of Promise Preparatory Academy
605.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS; Outright Refusal to Bargain
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
605.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS; Outright Refusal to Bargain
Outright refusal to negotiate ground rules proposal found where employer did not state its objections to the proposal at the bargaining table; ALJ properly declined to consider objections raised only in employer’s post-hearing brief. more or view all topics or full text.		 42 124 03/27/18
2558E Children of Promise Preparatory Academy
606.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; In General
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