Keyword Search by Headnotes - California Public Employment Relations Board

Decision	Description	PERC Vol.	PERC Index	Date
2544E	Bellflower Unified School District 1503.01000: MISCELLANEOUS ISSUES; REGULATIONS; In General Because the uncontradicted, unimpeached testimony of three union witnesses and one management witness was that the parties’ collective bargaining agreement had expired in 2010, the Board denied a school district’s exception arguing that the agreement’s management rights clause had remained in effect and served as a waiver of the union’s right to bargain over subcontracting of the district’s bus services. (p. 5.) Uncontradicted, unimpeached testimony at hearing is sufficient to carry the burden of proof in an unfair practice case. (PERB Reg. 32178.) more or view all topics or full text.	42	70	12/15/17
2544E	Bellflower Unified School District 1503.02000: MISCELLANEOUS ISSUES; REGULATIONS; Regulations Considered (By Number) Because the uncontradicted, unimpeached testimony of three union witnesses and one management witness was that the parties’ collective bargaining agreement had expired in 2010, the Board denied a school district’s exception arguing that the agreement’s management rights clause had remained in effect and served as a waiver of the union’s right to bargain over subcontracting of the district’s bus services. (p. 5.) Uncontradicted, unimpeached testimony at hearing is sufficient to carry the burden of proof in an unfair practice case. (PERB Reg. 32178.) 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) Because the uncontradicted, unimpeached testimony of three union witnesses and one management witness was that the parties’ collective bargaining agreement had expired in 2010, the Board denied a school district’s exception arguing that the agreement’s management rights clause had remained in effect and served as a waiver of the union’s right to bargain over subcontracting of the district’s bus services. (p. 5.) Uncontradicted, unimpeached testimony at hearing is sufficient to carry the burden of proof in an unfair practice case. (PERB Reg. 32178.) more or view all topics or full text.	42	70	12/15/17
2544E	Bellflower Unified School District 608.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; In General The Board rejected a school district’s exception that it had no notice that the ALJ considered the duration language of the parties’ agreement ambiguous or that the meaning of the duration language would be dispositive in the case by determining whether the management rights clause remained in effect. (p. 5-6.) A PERB hearing officer has the power and the duty to “[i]nquire fully into all issues and obtain a complete record upon which the decision can be rendered” and to “[r]ender and serve the proposed decision on each party.” (PERB Reg. 32170.) A hearing officer is not required to advise the parties of which factual disputes or legal issues may determine the outcome of the case, nor to make preliminary factual findings at the hearing itself so that the parties may object or offer additional evidence or argument on the issue. (Ibid.) more or view all topics or full text.	42	70	12/15/17
2544E	Bellflower Unified School District 608.06000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Management-Rights Clause; Management Prerogative The Board rejected a school district’s exception that it had no notice that the ALJ considered the duration language of the parties’ agreement ambiguous or that the meaning of the duration language would be dispositive in the case by determining whether the management rights clause remained in effect. (p. 5-6.) A PERB hearing officer has the power and the duty to “[i]nquire fully into all issues and obtain a complete record upon which the decision can be rendered” and to “[r]ender and serve the proposed decision on each party.” (PERB Reg. 32170.) A hearing officer is not required to advise the parties of which factual disputes or legal issues may determine the outcome of the case, nor to make preliminary factual findings at the hearing itself so that the parties may object or offer additional evidence or argument on the issue. (Ibid.) more or view all topics or full text.	42	70	12/15/17
2544E	Bellflower Unified School District 608.07000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession The Board rejected a school district’s exception that it had no notice that the ALJ considered the duration language of the parties’ agreement ambiguous or that the meaning of the duration language would be dispositive in the case by determining whether the management rights clause remained in effect. (p. 5-6.) A PERB hearing officer has the power and the duty to “[i]nquire fully into all issues and obtain a complete record upon which the decision can be rendered” and to “[r]ender and serve the proposed decision on each party.” (PERB Reg. 32170.) A hearing officer is not required to advise the parties of which factual disputes or legal issues may determine the outcome of the case, nor to make preliminary factual findings at the hearing itself so that the parties may object or offer additional evidence or argument on the issue. (Ibid.) more or view all topics or full text.	42	70	12/15/17
2544E	Bellflower Unified School District 1105.03000: CASE PROCESSING PROCEDURES; EVIDENCE; Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses The Board rejected a school district’s exception that it had no notice that the ALJ considered the duration language of the parties’ agreement ambiguous or that the meaning of the duration language would be dispositive in the case by determining whether the management rights clause remained in effect. (p. 5-6.) A PERB hearing officer has the power and the duty to “[i]nquire fully into all issues and obtain a complete record upon which the decision can be rendered” and to “[r]ender and serve the proposed decision on each party.” (PERB Reg. 32170.) A hearing officer is not required to advise the parties of which factual disputes or legal issues may determine the outcome of the case, nor to make preliminary factual findings at the hearing itself so that the parties may object or offer additional evidence or argument on the issue. (Ibid.) more or view all topics or full text.	42	70	12/15/17
2544E	Bellflower Unified School District 1105.01000: CASE PROCESSING PROCEDURES; EVIDENCE; In General The Board rejected a school district’s exception that it had no notice that the ALJ considered the duration language of the parties’ agreement ambiguous or that the meaning of the duration language would be dispositive in the case by determining whether the management rights clause remained in effect. (p. 5-6.) A PERB hearing officer has the power and the duty to “[i]nquire fully into all issues and obtain a complete record upon which the decision can be rendered” and to “[r]ender and serve the proposed decision on each party.” (PERB Reg. 32170.) A hearing officer is not required to advise the parties of which factual disputes or legal issues may determine the outcome of the case, nor to make preliminary factual findings at the hearing itself so that the parties may object or offer additional evidence or argument on the issue. (Ibid.) more or view all topics or full text.	42	70	12/15/17
2544E	Bellflower Unified School District 1105.14000: CASE PROCESSING PROCEDURES; EVIDENCE; Witnesses: Credibility, Cross Examination and Impeachment; Pretrial Statements The Board rejected a school district’s exception that it had no notice that the ALJ considered the duration language of the parties’ agreement ambiguous or that the meaning of the duration language would be dispositive in the case by determining whether the management rights clause remained in effect. (p. 5-6.) A PERB hearing officer has the power and the duty to “[i]nquire fully into all issues and obtain a complete record upon which the decision can be rendered” and to “[r]ender and serve the proposed decision on each party.” (PERB Reg. 32170.) A hearing officer is not required to advise the parties of which factual disputes or legal issues may determine the outcome of the case, nor to make preliminary factual findings at the hearing itself so that the parties may object or offer additional evidence or argument on the issue. (Ibid.) 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 The Board rejected a school district’s exception that it had no notice that the ALJ considered the duration language of the parties’ agreement ambiguous or that the meaning of the duration language would be dispositive in the case by determining whether the management rights clause remained in effect. (p. 5-6.) A PERB hearing officer has the power and the duty to “[i]nquire fully into all issues and obtain a complete record upon which the decision can be rendered” and to “[r]ender and serve the proposed decision on each party.” (PERB Reg. 32170.) A hearing officer is not required to advise the parties of which factual disputes or legal issues may determine the outcome of the case, nor to make preliminary factual findings at the hearing itself so that the parties may object or offer additional evidence or argument on the issue. (Ibid.) 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 The Board rejected a school district’s exception that it had no notice that the ALJ considered the duration language of the parties’ agreement ambiguous or that the meaning of the duration language would be dispositive in the case by determining whether the management rights clause remained in effect. (p. 5-6.) A PERB hearing officer has the power and the duty to “[i]nquire fully into all issues and obtain a complete record upon which the decision can be rendered” and to “[r]ender and serve the proposed decision on each party.” (PERB Reg. 32170.) A hearing officer is not required to advise the parties of which factual disputes or legal issues may determine the outcome of the case, nor to make preliminary factual findings at the hearing itself so that the parties may object or offer additional evidence or argument on the issue. (Ibid.) more or view all topics or full text.	42	70	12/15/17
2544E	Bellflower Unified School District 1402.01000: GENERAL LEGAL PRINCIPLES; WAIVER; In General The Board rejected a school district’s exception that it had no notice that the ALJ considered the duration language of the parties’ agreement ambiguous or that the meaning of the duration language would be dispositive in the case by determining whether the management rights clause remained in effect. (p. 5-6.) A PERB hearing officer has the power and the duty to “[i]nquire fully into all issues and obtain a complete record upon which the decision can be rendered” and to “[r]ender and serve the proposed decision on each party.” (PERB Reg. 32170.) A hearing officer is not required to advise the parties of which factual disputes or legal issues may determine the outcome of the case, nor to make preliminary factual findings at the hearing itself so that the parties may object or offer additional evidence or argument on the issue. (Ibid.) more or view all topics or full text.	42	70	12/15/17
2544E	Bellflower Unified School District 1402.02000: GENERAL LEGAL PRINCIPLES; WAIVER; Union's Waiver of Employee or Organizational Rights The Board rejected a school district’s exception that it had no notice that the ALJ considered the duration language of the parties’ agreement ambiguous or that the meaning of the duration language would be dispositive in the case by determining whether the management rights clause remained in effect. (p. 5-6.) A PERB hearing officer has the power and the duty to “[i]nquire fully into all issues and obtain a complete record upon which the decision can be rendered” and to “[r]ender and serve the proposed decision on each party.” (PERB Reg. 32170.) A hearing officer is not required to advise the parties of which factual disputes or legal issues may determine the outcome of the case, nor to make preliminary factual findings at the hearing itself so that the parties may object or offer additional evidence or argument on the issue. (Ibid.) more or view all topics or full text.	42	70	12/15/17
2544E	Bellflower Unified School District 1402.03000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses The Board rejected a school district’s exception that it had no notice that the ALJ considered the duration language of the parties’ agreement ambiguous or that the meaning of the duration language would be dispositive in the case by determining whether the management rights clause remained in effect. (p. 5-6.) A PERB hearing officer has the power and the duty to “[i]nquire fully into all issues and obtain a complete record upon which the decision can be rendered” and to “[r]ender and serve the proposed decision on each party.” (PERB Reg. 32170.) A hearing officer is not required to advise the parties of which factual disputes or legal issues may determine the outcome of the case, nor to make preliminary factual findings at the hearing itself so that the parties may object or offer additional evidence or argument on the issue. (Ibid.) more or view all topics or full text.	42	70	12/15/17
2544E	Bellflower Unified School District 1404.01000: GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION; In General The Board rejected a school district’s exception that it had no notice that the ALJ considered the duration language of the parties’ agreement ambiguous or that the meaning of the duration language would be dispositive in the case by determining whether the management rights clause remained in effect. (p. 5-6.) A PERB hearing officer has the power and the duty to “[i]nquire fully into all issues and obtain a complete record upon which the decision can be rendered” and to “[r]ender and serve the proposed decision on each party.” (PERB Reg. 32170.) A hearing officer is not required to advise the parties of which factual disputes or legal issues may determine the outcome of the case, nor to make preliminary factual findings at the hearing itself so that the parties may object or offer additional evidence or argument on the issue. (Ibid.) more or view all topics or full text.	42	70	12/15/17
2544E	Bellflower Unified School District 1404.02000: GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION; Board's Jurisdiction To Interpret Contracts The Board rejected a school district’s exception that it had no notice that the ALJ considered the duration language of the parties’ agreement ambiguous or that the meaning of the duration language would be dispositive in the case by determining whether the management rights clause remained in effect. (p. 5-6.) A PERB hearing officer has the power and the duty to “[i]nquire fully into all issues and obtain a complete record upon which the decision can be rendered” and to “[r]ender and serve the proposed decision on each party.” (PERB Reg. 32170.) A hearing officer is not required to advise the parties of which factual disputes or legal issues may determine the outcome of the case, nor to make preliminary factual findings at the hearing itself so that the parties may object or offer additional evidence or argument on the issue. (Ibid.) more or view all topics or full text.	42	70	12/15/17
2538E	San Diego Unified School District 1101.01000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; In General Charging party’s subsequent application for summer school, having previously been informed she was ineligible, did not revive the statute of limitations. more or view all topics or full text.	42	41	09/07/17
2538E	San Diego Unified School District 1101.01000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; In General Board rejected claim that statute of limitations did not begin to run due to respondent’s fraudulent concealment of certain facts, where charging party’s allegations showed no concealment. more or view all topics or full text.	42	41	09/07/17
2538E	San Diego Unified School District 1101.04000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Continuing Violation Charging party’s subsequent application for summer school, having previously been informed she was ineligible, did not revive the statute of limitations. more or view all topics or full text.	42	41	09/07/17
2538E	San Diego Unified School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Under EERA section 3541.5, subdivision (a)(2), the six-month statute of limitations shall be tolled during the time it takes to exhaust the grievance machinery, provided it exists, ends in binding arbitration and covers the matter at issue in the unfair practice charge. more or view all topics or full text.	42	41	09/07/17
2538E	San Diego Unified School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The statute of limitations will be tolled only if the grievance raises the same issues that have been raised in the unfair practice charge. The respondent may be placed on notice of the issues through the allegations in the grievance or through correspondence related to the grievance. more or view all topics or full text.	42	41	09/07/17
2538E	San Diego Unified School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The statute of limitations is tolled only for the period from when the issue was raised in the grievance process until the grievance process concluded. Where issue was raised 30 days before the grievance process concluded, employer’s actions taken 6 months and 30 days before the charge was filed would be considered timely. more or view all topics or full text.	42	41	09/07/17
2541M	City of Calexico 1103.05000: CASE PROCESSING PROCEDURES; COMPLAINT; Answer or Other Defense/Waiver Respondent’s admission of allegation in the complaint is conclusive and removes it from the issues in controversy. more or view all topics or full text.	42	53	10/20/17
2541M	City of Calexico 1105.01000: CASE PROCESSING PROCEDURES; EVIDENCE; In General Respondent’s admission of allegation in the complaint is conclusive and removes it from the issues in controversy. more or view all topics or full text.	42	53	10/20/17
2541M	City of Calexico 1105.03000: CASE PROCESSING PROCEDURES; EVIDENCE; Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses Respondent’s admission of allegation in the complaint is conclusive and removes it from the issues in controversy. more or view all topics or full text.	42	53	10/20/17