| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2548E |
Lake Elsinore Unified School District (Edwards)
102.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Where Charging Party’s discrimination allegation turns on a matter of law outside PERB’s traditional expertise, i.e., whether the public school employer complied with state law and/or regulations governing certificated employee retirement credit, the appropriate question is not which of two competing interpretations of external law is the more plausible, but whether the language in dispute is reasonably susceptible to the charging party’s interpretation and whether that interpretation supports a viable, i.e., non-frivolous, legal theory of an unfair practice or other violation of a PERB-administered statute. Where the investigation of an unfair practice charge results in receipt of conflicting allegations of fact or contrary theories of law, fair proceedings, if not due process, demand that a complaint be issued and the matter be sent to formal hearing to test a novel theory or competing theories of law, so long as the theory advanced is “viable,” i.e. non-frivolous. The Board is necessarily cautious about rejecting allegations involving statutory, decisional, regulatory, or other authority outside PERB’s jurisdiction and special expertise in labor relations, particularly when the area of external law is itself unsettled. more or view all topics or full text. |
42 | 102 | 02/02/18 |
| 2548E |
Lake Elsinore Unified School District (Edwards)
102.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION; Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
Where Charging Party’s discrimination allegation turns on a matter of law outside PERB’s traditional expertise, i.e., whether the public school employer complied with state law and/or regulations governing certificated employee retirement credit, the appropriate question is not which of two competing interpretations of external law is the more plausible, but whether the language in dispute is reasonably susceptible to the charging party’s interpretation and whether that interpretation supports a viable, i.e., non-frivolous, legal theory of an unfair practice or other violation of a PERB-administered statute. Where the investigation of an unfair practice charge results in receipt of conflicting allegations of fact or contrary theories of law, fair proceedings, if not due process, demand that a complaint be issued and the matter be sent to formal hearing to test a novel theory or competing theories of law, so long as the theory advanced is “viable,” i.e. non-frivolous. The Board is necessarily cautious about rejecting allegations involving statutory, decisional, regulatory, or other authority outside PERB’s jurisdiction and special expertise in labor relations, particularly when the area of external law is itself unsettled. more or view all topics or full text. |
42 | 102 | 02/02/18 |
| 2548E |
Lake Elsinore Unified School District (Edwards)
1100.01000: CASE PROCESSING PROCEDURES; CHARGE; In General/Prima Facie Case
Where Charging Party’s discrimination allegation turns on a matter of law outside PERB’s traditional expertise, i.e., whether the public school employer complied with state law and/or regulations governing certificated employee retirement credit, the appropriate question is not which of two competing interpretations of external law is the more plausible, but whether the language in dispute is reasonably susceptible to the charging party’s interpretation and whether that interpretation supports a viable, i.e., non-frivolous, legal theory of an unfair practice or other violation of a PERB-administered statute. Where the investigation of an unfair practice charge results in receipt of conflicting allegations of fact or contrary theories of law, fair proceedings, if not due process, demand that a complaint be issued and the matter be sent to formal hearing to test a novel theory or competing theories of law, so long as the theory advanced is “viable,” i.e. non-frivolous. The Board is necessarily cautious about rejecting allegations involving statutory, decisional, regulatory, or other authority outside PERB’s jurisdiction and special expertise in labor relations, particularly when the area of external law is itself unsettled. more or view all topics or full text. |
42 | 102 | 02/02/18 |
| 2548E |
Lake Elsinore Unified School District (Edwards)
1100.02000: CASE PROCESSING PROCEDURES; CHARGE; Investigation of Charge
Where Charging Party’s discrimination allegation turns on a matter of law outside PERB’s traditional expertise, i.e., whether the public school employer complied with state law and/or regulations governing certificated employee retirement credit, the appropriate question is not which of two competing interpretations of external law is the more plausible, but whether the language in dispute is reasonably susceptible to the charging party’s interpretation and whether that interpretation supports a viable, i.e., non-frivolous, legal theory of an unfair practice or other violation of a PERB-administered statute. Where the investigation of an unfair practice charge results in receipt of conflicting allegations of fact or contrary theories of law, fair proceedings, if not due process, demand that a complaint be issued and the matter be sent to formal hearing to test a novel theory or competing theories of law, so long as the theory advanced is “viable,” i.e. non-frivolous. The Board is necessarily cautious about rejecting allegations involving statutory, decisional, regulatory, or other authority outside PERB’s jurisdiction and special expertise in labor relations, particularly when the area of external law is itself unsettled. more or view all topics or full text. |
42 | 102 | 02/02/18 |
| 2548E |
Lake Elsinore Unified School District (Edwards)
1100.05000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Where Charging Party’s discrimination allegation turns on a matter of law outside PERB’s traditional expertise, i.e., whether the public school employer complied with state law and/or regulations governing certificated employee retirement credit, the appropriate question is not which of two competing interpretations of external law is the more plausible, but whether the language in dispute is reasonably susceptible to the charging party’s interpretation and whether that interpretation supports a viable, i.e., non-frivolous, legal theory of an unfair practice or other violation of a PERB-administered statute. Where the investigation of an unfair practice charge results in receipt of conflicting allegations of fact or contrary theories of law, fair proceedings, if not due process, demand that a complaint be issued and the matter be sent to formal hearing to test a novel theory or competing theories of law, so long as the theory advanced is “viable,” i.e. non-frivolous. The Board is necessarily cautious about rejecting allegations involving statutory, decisional, regulatory, or other authority outside PERB’s jurisdiction and special expertise in labor relations, particularly when the area of external law is itself unsettled. more or view all topics or full text. |
42 | 102 | 02/02/18 |
| 2548E |
Lake Elsinore Unified School District (Edwards)
1100.08000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Where Charging Party’s discrimination allegation turns on a matter of law outside PERB’s traditional expertise, i.e., whether the public school employer complied with state law and/or regulations governing certificated employee retirement credit, the appropriate question is not which of two competing interpretations of external law is the more plausible, but whether the language in dispute is reasonably susceptible to the charging party’s interpretation and whether that interpretation supports a viable, i.e., non-frivolous, legal theory of an unfair practice or other violation of a PERB-administered statute. Where the investigation of an unfair practice charge results in receipt of conflicting allegations of fact or contrary theories of law, fair proceedings, if not due process, demand that a complaint be issued and the matter be sent to formal hearing to test a novel theory or competing theories of law, so long as the theory advanced is “viable,” i.e. non-frivolous. The Board is necessarily cautious about rejecting allegations involving statutory, decisional, regulatory, or other authority outside PERB’s jurisdiction and special expertise in labor relations, particularly when the area of external law is itself unsettled. more or view all topics or full text. |
42 | 102 | 02/02/18 |
| 2548E |
Lake Elsinore Unified School District (Edwards)
1500.01000: MISCELLANEOUS ISSUES; EDUCATION CODE; In General
Where Charging Party’s discrimination allegation turns on a matter of law outside PERB’s traditional expertise, i.e., whether the public school employer complied with state law and/or regulations governing certificated employee retirement credit, the appropriate question is not which of two competing interpretations of external law is the more plausible, but whether the language in dispute is reasonably susceptible to the charging party’s interpretation and whether that interpretation supports a viable, i.e., non-frivolous, legal theory of an unfair practice or other violation of a PERB-administered statute. Where the investigation of an unfair practice charge results in receipt of conflicting allegations of fact or contrary theories of law, fair proceedings, if not due process, demand that a complaint be issued and the matter be sent to formal hearing to test a novel theory or competing theories of law, so long as the theory advanced is “viable,” i.e. non-frivolous. The Board is necessarily cautious about rejecting allegations involving statutory, decisional, regulatory, or other authority outside PERB’s jurisdiction and special expertise in labor relations, particularly when the area of external law is itself unsettled. more or view all topics or full text. |
42 | 102 | 02/02/18 |
| 2548E |
Lake Elsinore Unified School District (Edwards)
1500.02000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Number)
Where Charging Party’s discrimination allegation turns on a matter of law outside PERB’s traditional expertise, i.e., whether the public school employer complied with state law and/or regulations governing certificated employee retirement credit, the appropriate question is not which of two competing interpretations of external law is the more plausible, but whether the language in dispute is reasonably susceptible to the charging party’s interpretation and whether that interpretation supports a viable, i.e., non-frivolous, legal theory of an unfair practice or other violation of a PERB-administered statute. Where the investigation of an unfair practice charge results in receipt of conflicting allegations of fact or contrary theories of law, fair proceedings, if not due process, demand that a complaint be issued and the matter be sent to formal hearing to test a novel theory or competing theories of law, so long as the theory advanced is “viable,” i.e. non-frivolous. The Board is necessarily cautious about rejecting allegations involving statutory, decisional, regulatory, or other authority outside PERB’s jurisdiction and special expertise in labor relations, particularly when the area of external law is itself unsettled. more or view all topics or full text. |
42 | 102 | 02/02/18 |
| 2548E |
Lake Elsinore Unified School District (Edwards)
1500.03000: MISCELLANEOUS ISSUES; EDUCATION CODE; Education Code Sections Considered by PERB (By Subject)
Where Charging Party’s discrimination allegation turns on a matter of law outside PERB’s traditional expertise, i.e., whether the public school employer complied with state law and/or regulations governing certificated employee retirement credit, the appropriate question is not which of two competing interpretations of external law is the more plausible, but whether the language in dispute is reasonably susceptible to the charging party’s interpretation and whether that interpretation supports a viable, i.e., non-frivolous, legal theory of an unfair practice or other violation of a PERB-administered statute. Where the investigation of an unfair practice charge results in receipt of conflicting allegations of fact or contrary theories of law, fair proceedings, if not due process, demand that a complaint be issued and the matter be sent to formal hearing to test a novel theory or competing theories of law, so long as the theory advanced is “viable,” i.e. non-frivolous. The Board is necessarily cautious about rejecting allegations involving statutory, decisional, regulatory, or other authority outside PERB’s jurisdiction and special expertise in labor relations, particularly when the area of external law is itself unsettled. more or view all topics or full text. |
42 | 102 | 02/02/18 |
| 2561Ea |
Lake Elsinore Unified School District
1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Due to a clerical error, the Board was unaware at the time it issued its prior decision in this matter, that Charging Party had timely e-filed her exceptions and supporting brief on June 5, 2017. In light of this newly-available information, the Board vacated its prior decision denying Charging Party’s exceptions. more or view all topics or full text. |
05/14/18 | ||
| 2564M |
County of San Joaquin
1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Under its broad powers to “investigate unfair practice charges or alleged violations of [the MMBA], the Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. When an appeal pending before the Board involves a matter of continuing public interest and a precedential ruling on the matter will be instructive to similarly-situated parties, the Board has exercised its discretion by denying a request for withdrawal, in the interest of justice. The Board found the parties’ requests for withdrawal and dismissal 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. |
42 | 156 | 05/31/18 |
| 2564M |
County of San Joaquin
1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated
Under its broad powers to “investigate unfair practice charges or alleged violations of [the MMBA], the Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. When an appeal pending before the Board involves a matter of continuing public interest and a precedential ruling on the matter will be instructive to similarly-situated parties, the Board has exercised its discretion by denying a request for withdrawal, in the interest of justice. The Board found the parties’ requests for withdrawal and dismissal 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. |
42 | 156 | 05/31/18 |
| 2564M |
County of San Joaquin
1202.02000: REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY; Agreement Between. the Parties
Under its broad powers to “investigate unfair practice charges or alleged violations of [the MMBA], the Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. When an appeal pending before the Board involves a matter of continuing public interest and a precedential ruling on the matter will be instructive to similarly-situated parties, the Board has exercised its discretion by denying a request for withdrawal, in the interest of justice. The Board found the parties’ requests for withdrawal and dismissal 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. |
42 | 156 | 05/31/18 |
| 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 found it unnecessary to consider most of Charging Party’s exceptions, as they concerned issues that were not material to the outcome of his case. Although the Board’s review of exceptions to a proposed decision is de novo, it need not address arguments that have already been adequately addressed in the same case or that would not affect the result. (pp. 3-4.) more or view all topics or full text. |
43 | 2 | 06/12/18 |
| 2567E |
Hartnell Community College District
1107.02000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board found it unnecessary to consider most of Charging Party’s exceptions, as they concerned issues that were not material to the outcome of his case. Although the Board’s review of exceptions to a proposed decision is de novo, it need not address arguments that have already been adequately addressed in the same case or that would not affect the result. (pp. 3-4.) more or view all topics or full text. |
43 | 2 | 06/12/18 |
| 2567E |
Hartnell Community College District
1107.06000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; De Novo Review; Standard of Review by Board
The Board found it unnecessary to consider most of Charging Party’s exceptions, as they concerned issues that were not material to the outcome of his case. Although the Board’s review of exceptions to a proposed decision is de novo, it need not address arguments that have already been adequately addressed in the same case or that would not affect the result. (pp. 3-4.) more or view all topics or full text. |
43 | 2 | 06/12/18 |
| 2567E |
Hartnell Community College District
400.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES; In General; Standards
Having attempted for more than two weeks to schedule the investigative meeting with Charging Party and his preferred representative, the ALJ appropriately concluded that the employer was not obligated to further delay the meeting, and that a message from its human resources official lawfully deferred to the exclusive representative to determine which of its agents would be available to represent the Charging Party in the investigative meeting. The employer’s message did not interfere with the protected right to choose a representative because, under the circumstances, any choice of a representative was for the exclusive representative and not for the Charging Party to make. (p.8.) To prevail in a case alleging interference, the charging party must show that the employer engaged in conduct that tends to or does result in at least slight harm to rights guaranteed by EERA and that, on balance, the resulting harm to protected rights outweighs any legitimate business justification asserted by the employer. An interference violation may only be found where the pertinent statute provides the rights claimed by the charging party. (pp. 4-5.) more or view all topics or full text. |
43 | 2 | 06/12/18 |
| A459H |
Regents of the University of California * * * SUPERSEDED, IN PART, by PERB Regulation 32700, effective 2/15/2021
1306.01000: REPRESENTATION ISSUES; PROOF OF SUPPORT; In General; Requirements
* * * SUPERSEDED IN PART by PERB Regulation 32700, effective 2/15/2021, which established new proof of support guidelines. * * *
Under PERB Regulation 32700 proof of support must consist of original documents, which means documents with original signatures. more or view all topics or full text. |
42 | 91 | 01/19/18 |
| A459H |
Regents of the University of California * * * SUPERSEDED, IN PART, by PERB Regulation 32700, effective 2/15/2021
1306.01000: REPRESENTATION ISSUES; PROOF OF SUPPORT; In General; Requirements
* * * SUPERSEDED IN PART by PERB Regulation 32700, effective 2/15/2021, which established new proof of support guidelines. * * *
The appropriate action when representation petition lacks sufficient proof of support is not an election, but dismissal of the petition. more or view all topics or full text. |
42 | 91 | 01/19/18 |
| A459H |
Regents of the University of California * * * SUPERSEDED, IN PART, by PERB Regulation 32700, effective 2/15/2021
1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued)
* * * SUPERSEDED IN PART by PERB Regulation 32700, effective 2/15/2021, which established new proof of support guidelines. * * *
Under PERB Regulation 32700 proof of support must consist of original documents, which means documents with original signatures. more or view all topics or full text. |
42 | 91 | 01/19/18 |
| 2548E |
Lake Elsinore Unified School District (Edwards)
1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Despite its highly repetitive and often misplaced or entirely irrelevant arguments, charging party’s appeal from dismissal/refusal to issue a complaint identified the asserted error by the Office of the General Counsel in dismissing her charge, and thus substantially complied with PERB Regulation 32635. While clarity and conciseness are always appreciated, the regulation governing appeals does not expressly require a “clear and concise statement” of the appeal. (p. 11.) more or view all topics or full text. |
42 | 102 | 02/02/18 |
| 2548E |
Lake Elsinore Unified School District (Edwards)
1107.03000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Remand for Further Hearing; Remand to General Counsel
Despite its highly repetitive and often misplaced or entirely irrelevant arguments, charging party’s appeal from dismissal/refusal to issue a complaint identified the asserted error by the Office of the General Counsel in dismissing her charge, and thus substantially complied with PERB Regulation 32635. While clarity and conciseness are always appreciated, the regulation governing appeals does not expressly require a “clear and concise statement” of the appeal. (p. 11.) more or view all topics or full text. |
42 | 102 | 02/02/18 |
| 2548E |
Lake Elsinore Unified School District (Edwards)
1107.06000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; De Novo Review; Standard of Review by Board
Despite its highly repetitive and often misplaced or entirely irrelevant arguments, charging party’s appeal from dismissal/refusal to issue a complaint identified the asserted error by the Office of the General Counsel in dismissing her charge, and thus substantially complied with PERB Regulation 32635. While clarity and conciseness are always appreciated, the regulation governing appeals does not expressly require a “clear and concise statement” of the appeal. (p. 11.) more or view all topics or full text. |
42 | 102 | 02/02/18 |
| 2548E |
Lake Elsinore Unified School District (Edwards)
1503.01000: MISCELLANEOUS ISSUES; REGULATIONS; In General
Despite its highly repetitive and often misplaced or entirely irrelevant arguments, charging party’s appeal from dismissal/refusal to issue a complaint identified the asserted error by the Office of the General Counsel in dismissing her charge, and thus substantially complied with PERB Regulation 32635. While clarity and conciseness are always appreciated, the regulation governing appeals does not expressly require a “clear and concise statement” of the appeal. (p. 11.) more or view all topics or full text. |
42 | 102 | 02/02/18 |
| 2548E |
Lake Elsinore Unified School District (Edwards)
1503.02000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
Despite its highly repetitive and often misplaced or entirely irrelevant arguments, charging party’s appeal from dismissal/refusal to issue a complaint identified the asserted error by the Office of the General Counsel in dismissing her charge, and thus substantially complied with PERB Regulation 32635. While clarity and conciseness are always appreciated, the regulation governing appeals does not expressly require a “clear and concise statement” of the appeal. (p. 11.) more or view all topics or full text. |
42 | 102 | 02/02/18 |
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.
