| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2548E |
Lake Elsinore Unified School District (Edwards)
1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued)
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)
101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General
Although the charge relied extensively on the Education Code and other matters outside PERB’s jurisdiction, because it alleged that a public school district employer had denied charging party retirement or other employment benefits to which she was legally entitled because of her protected activity, the matter constitutes an unfair practice allegation within PERB’s legislatively designated field of expertise. (p. 12.) The Office of the General Counsel correctly determined that while PERB has no authority to enforce or order remedies for violations of the Education Code, the Board and its agents may interpret the provisions of the Education Code or other matters of external law where necessary to administer EERA or to harmonize it with external law. (pp. 11-12.) To avoid acting in excess of its authority, PERB has an obligation to determine whether it has jurisdiction over a dispute, regardless of whether the parties themselves have raised the issue. (p. 11.) more or view all topics or full text. |
42 | 102 | 02/02/18 |
| 2548E |
Lake Elsinore Unified School District (Edwards)
101.02000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
Although the charge relied extensively on the Education Code and other matters outside PERB’s jurisdiction, because it alleged that a public school district employer had denied charging party retirement or other employment benefits to which she was legally entitled because of her protected activity, the matter constitutes an unfair practice allegation within PERB’s legislatively designated field of expertise. (p. 12.) The Office of the General Counsel correctly determined that while PERB has no authority to enforce or order remedies for violations of the Education Code, the Board and its agents may interpret the provisions of the Education Code or other matters of external law where necessary to administer EERA or to harmonize it with external law. (pp. 11-12.) To avoid acting in excess of its authority, PERB has an obligation to determine whether it has jurisdiction over a dispute, regardless of whether the parties themselves have raised the issue. (p. 11.) more or view all topics or full text. |
42 | 102 | 02/02/18 |
| 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
Although the charge relied extensively on the Education Code and other matters outside PERB’s jurisdiction, because it alleged that a public school district employer had denied charging party retirement or other employment benefits to which she was legally entitled because of her protected activity, the matter constitutes an unfair practice allegation within PERB’s legislatively designated field of expertise. (p. 12.) The Office of the General Counsel correctly determined that while PERB has no authority to enforce or order remedies for violations of the Education Code, the Board and its agents may interpret the provisions of the Education Code or other matters of external law where necessary to administer EERA or to harmonize it with external law. (pp. 11-12.) To avoid acting in excess of its authority, PERB has an obligation to determine whether it has jurisdiction over a dispute, regardless of whether the parties themselves have raised the issue. (p. 11.) 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
Although the charge relied extensively on the Education Code and other matters outside PERB’s jurisdiction, because it alleged that a public school district employer had denied charging party retirement or other employment benefits to which she was legally entitled because of her protected activity, the matter constitutes an unfair practice allegation within PERB’s legislatively designated field of expertise. (p. 12.) The Office of the General Counsel correctly determined that while PERB has no authority to enforce or order remedies for violations of the Education Code, the Board and its agents may interpret the provisions of the Education Code or other matters of external law where necessary to administer EERA or to harmonize it with external law. (pp. 11-12.) To avoid acting in excess of its authority, PERB has an obligation to determine whether it has jurisdiction over a dispute, regardless of whether the parties themselves have raised the issue. (p. 11.) 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
Although the charge relied extensively on the Education Code and other matters outside PERB’s jurisdiction, because it alleged that a public school district employer had denied charging party retirement or other employment benefits to which she was legally entitled because of her protected activity, the matter constitutes an unfair practice allegation within PERB’s legislatively designated field of expertise. (p. 12.) The Office of the General Counsel correctly determined that while PERB has no authority to enforce or order remedies for violations of the Education Code, the Board and its agents may interpret the provisions of the Education Code or other matters of external law where necessary to administer EERA or to harmonize it with external law. (pp. 11-12.) To avoid acting in excess of its authority, PERB has an obligation to determine whether it has jurisdiction over a dispute, regardless of whether the parties themselves have raised the issue. (p. 11.) 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
Although the charge relied extensively on the Education Code and other matters outside PERB’s jurisdiction, because it alleged that a public school district employer had denied charging party retirement or other employment benefits to which she was legally entitled because of her protected activity, the matter constitutes an unfair practice allegation within PERB’s legislatively designated field of expertise. (p. 12.) The Office of the General Counsel correctly determined that while PERB has no authority to enforce or order remedies for violations of the Education Code, the Board and its agents may interpret the provisions of the Education Code or other matters of external law where necessary to administer EERA or to harmonize it with external law. (pp. 11-12.) To avoid acting in excess of its authority, PERB has an obligation to determine whether it has jurisdiction over a dispute, regardless of whether the parties themselves have raised the issue. (p. 11.) 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
Although the charge relied extensively on the Education Code and other matters outside PERB’s jurisdiction, because it alleged that a public school district employer had denied charging party retirement or other employment benefits to which she was legally entitled because of her protected activity, the matter constitutes an unfair practice allegation within PERB’s legislatively designated field of expertise. (p. 12.) The Office of the General Counsel correctly determined that while PERB has no authority to enforce or order remedies for violations of the Education Code, the Board and its agents may interpret the provisions of the Education Code or other matters of external law where necessary to administer EERA or to harmonize it with external law. (pp. 11-12.) To avoid acting in excess of its authority, PERB has an obligation to determine whether it has jurisdiction over a dispute, regardless of whether the parties themselves have raised the issue. (p. 11.) 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
Although the charge relied extensively on the Education Code and other matters outside PERB’s jurisdiction, because it alleged that a public school district employer had denied charging party retirement or other employment benefits to which she was legally entitled because of her protected activity, the matter constitutes an unfair practice allegation within PERB’s legislatively designated field of expertise. (p. 12.) The Office of the General Counsel correctly determined that while PERB has no authority to enforce or order remedies for violations of the Education Code, the Board and its agents may interpret the provisions of the Education Code or other matters of external law where necessary to administer EERA or to harmonize it with external law. (pp. 11-12.) To avoid acting in excess of its authority, PERB has an obligation to determine whether it has jurisdiction over a dispute, regardless of whether the parties themselves have raised the issue. (p. 11.) 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
Although the charge relied extensively on the Education Code and other matters outside PERB’s jurisdiction, because it alleged that a public school district employer had denied charging party retirement or other employment benefits to which she was legally entitled because of her protected activity, the matter constitutes an unfair practice allegation within PERB’s legislatively designated field of expertise. (p. 12.) The Office of the General Counsel correctly determined that while PERB has no authority to enforce or order remedies for violations of the Education Code, the Board and its agents may interpret the provisions of the Education Code or other matters of external law where necessary to administer EERA or to harmonize it with external law. (pp. 11-12.) To avoid acting in excess of its authority, PERB has an obligation to determine whether it has jurisdiction over a dispute, regardless of whether the parties themselves have raised the issue. (p. 11.) 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)
Although the charge relied extensively on the Education Code and other matters outside PERB’s jurisdiction, because it alleged that a public school district employer had denied charging party retirement or other employment benefits to which she was legally entitled because of her protected activity, the matter constitutes an unfair practice allegation within PERB’s legislatively designated field of expertise. (p. 12.) The Office of the General Counsel correctly determined that while PERB has no authority to enforce or order remedies for violations of the Education Code, the Board and its agents may interpret the provisions of the Education Code or other matters of external law where necessary to administer EERA or to harmonize it with external law. (pp. 11-12.) To avoid acting in excess of its authority, PERB has an obligation to determine whether it has jurisdiction over a dispute, regardless of whether the parties themselves have raised the issue. (p. 11.) 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)
Although the charge relied extensively on the Education Code and other matters outside PERB’s jurisdiction, because it alleged that a public school district employer had denied charging party retirement or other employment benefits to which she was legally entitled because of her protected activity, the matter constitutes an unfair practice allegation within PERB’s legislatively designated field of expertise. (p. 12.) The Office of the General Counsel correctly determined that while PERB has no authority to enforce or order remedies for violations of the Education Code, the Board and its agents may interpret the provisions of the Education Code or other matters of external law where necessary to administer EERA or to harmonize it with external law. (pp. 11-12.) To avoid acting in excess of its authority, PERB has an obligation to determine whether it has jurisdiction over a dispute, regardless of whether the parties themselves have raised the issue. (p. 11.) more or view all topics or full text. |
42 | 102 | 02/02/18 |
| 2544E |
Bellflower Unified School District
1503.02000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number)
The Board rejected a school district’s exception that a Board-ordered remedy including restoration of the status quo and make-whole relief conflicted with federal law governing special education. The district’s statement of exceptions and supporting brief included no citation to any provision of the federal statute or decisional law interpreting it, and the district failed to explain how PERB’s customary remedy for a unilateral change would conflict with federal law. The district’s filing both failed to comply with the requirements of PERB Regulation 32300 governing exceptions, and, even if considered, had no merit. Unless a remedial measure positively conflicts with “inflexible standard[s]” or “immutable provisions” set by external law, the fact that it affects matters normally within the jurisdiction of another tribunal does not, by itself, make PERB’s remedy improper. (pp. 10-11.) more or view all topics or full text. |
42 | 70 | 12/15/17 |
| 2544E |
Bellflower Unified School District
1503.03000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) (Continued)
The Board rejected a school district’s exception that a Board-ordered remedy including restoration of the status quo and make-whole relief conflicted with federal law governing special education. The district’s statement of exceptions and supporting brief included no citation to any provision of the federal statute or decisional law interpreting it, and the district failed to explain how PERB’s customary remedy for a unilateral change would conflict with federal law. The district’s filing both failed to comply with the requirements of PERB Regulation 32300 governing exceptions, and, even if considered, had no merit. Unless a remedial measure positively conflicts with “inflexible standard[s]” or “immutable provisions” set by external law, the fact that it affects matters normally within the jurisdiction of another tribunal does not, by itself, make PERB’s remedy improper. (pp. 10-11.) more or view all topics or full text. |
42 | 70 | 12/15/17 |
| 2544E |
Bellflower Unified School District
1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Because the Board adopted the proposed decision, which fully considered and explained why certain information requested by the union was necessary and relevant, these same issues, presented to the Board as exceptions to the proposed decision, warranted no further discussion from the Board. 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. (p. 11.) more or view all topics or full text. |
42 | 70 | 12/15/17 |
| 2544E |
Bellflower Unified School District
1107.02000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Because the Board adopted the proposed decision, which fully considered and explained why certain information requested by the union was necessary and relevant, these same issues, presented to the Board as exceptions to the proposed decision, warranted no further discussion from the Board. 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. (p. 11.) more or view all topics or full text. |
42 | 70 | 12/15/17 |
| 2544E |
Bellflower Unified School District
1107.06000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; De Novo Review; Standard of Review by Board
Because the Board adopted the proposed decision, which fully considered and explained why certain information requested by the union was necessary and relevant, these same issues, presented to the Board as exceptions to the proposed decision, warranted no further discussion from the Board. 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. (p. 11.) more or view all topics or full text. |
42 | 70 | 12/15/17 |
| 2545E |
Alliance College-Ready Public Schools, et al.
201.01000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?; In General
The Board cannot obtain jurisdiction over a private entity that does not fall within the definition of “employer” under the applicable statute by finding that entity to be part of a “single employer” relationship with an entity over which the Board does have jurisdiction. more or view all topics or full text. |
42 | 76 | 12/28/17 |
| 2545E |
Alliance College-Ready Public Schools, et al.
201.04000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?; Joint Employer, Single Employer, and Alter Ego Doctrines
The Board cannot obtain jurisdiction over a private entity that does not fall within the definition of “employer” under the applicable statute by finding that entity to be part of a “single employer” relationship with an entity over which the Board does have jurisdiction. more or view all topics or full text. |
42 | 76 | 12/28/17 |
| 2545E |
Alliance College-Ready Public Schools, et al.
1107.04000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Unalleged Violations
The unalleged violation test was not met with respect to new theories of liability first raised in charging party’s response to cross-exceptions. more or view all topics or full text. |
42 | 76 | 12/28/17 |
| 2545E |
Alliance College-Ready Public Schools, et al.
1205.03000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Notices; Posting, Reading, and Mailing
The reading of a notice by a respondent is an “extraordinary” or “special” remedy that will be imposed only where required by the particular circumstances of a case, which may include when the violations are egregious or repeated, or when there are low levels of literacy among employees. more or view all topics or full text. |
42 | 76 | 12/28/17 |
| 2545E |
Alliance College-Ready Public Schools, et al.
1205.10000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Other Affirmative Relief
Ordering a respondent to provide a list of its employees to the charging party is an extraordinary remedy, typically reserved for egregious violations. more or view all topics or full text. |
42 | 76 | 12/28/17 |
| 2546S |
State of California (Department of Forestry and Fire Protection)
602.03000: 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 Written Agreement or Policy
An established policy may be embodied in the terms of the parties’ MOU or collective bargaining agreement. Although PERB lacks authority to enforce contracts, it may interpret contracts when necessary to resolve an alleged unfair practice. In doing so, the Board applies traditional rules of contract interpretation. more or view all topics or full text. |
42 | 100 | 01/29/18 |
| 2546S |
State of California (Department of Forestry and Fire Protection)
602.03000: 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 Written Agreement or Policy
The mere fact that an employer has chosen not to enforce its contractual rights does not mean it is forever precluded from doing so. Where an employer has discretion under a contract provision, it does not forfeit that discretion by failing to exercise it. more or view all topics or full text. |
42 | 100 | 01/29/18 |
| 2546S |
State of California (Department of Forestry and Fire Protection)
1105.10000: CASE PROCESSING PROCEDURES; EVIDENCE; Parole Evidence/Bargaining History
Where contract language is ambiguous, Board will examine extrinsic evidence, including bargaining history and past practice. more or view all topics or full text. |
42 | 100 | 01/29/18 |
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.
