Keyword Search by Headnotes - California Public Employment Relations Board

Decision	Description	PERC Vol.	PERC Index	Date
2541M	City of Calexico 1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver Although the Board’s review of exceptions is de novo, it need not address arguments that have been adequately addressed by the ALJ. more or view all topics or full text.	42	53	10/20/17
2544E	Bellflower Unified School District 608.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; 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 608.06000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Management-Rights Clause; Management Prerogative 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 608.07000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession 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 1105.03000: CASE PROCESSING PROCEDURES; EVIDENCE; Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses 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 1105.10000: CASE PROCESSING PROCEDURES; EVIDENCE; Parole Evidence/Bargaining History 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 1105.14000: CASE PROCESSING PROCEDURES; EVIDENCE; Witnesses: Credibility, Cross Examination and Impeachment; Pretrial Statements 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 1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver 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 1107.02000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions 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 1402.01000: GENERAL LEGAL PRINCIPLES; WAIVER; 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 1402.02000: GENERAL LEGAL PRINCIPLES; WAIVER; Union's Waiver of Employee or Organizational Rights 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
2531M	Santa Clara Valley Water District 750.01000: EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE; In General In the absence of decertification, Charging Parties had no absolute right to a separate unit of professional employees when the exclusive representative of the existing mixed unit did not wish to split the unit into professional and non-professional units. PERB and controlling judicial authority have held that the right of professional employees to separate representation is not absolute, but must be harmonized with other provisions of the statute. (p. 14.) more or view all topics or full text.	42	5	06/23/17
2531M	Santa Clara Valley Water District 1105.03000: CASE PROCESSING PROCEDURES; EVIDENCE; Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses In the absence of decertification, Charging Parties had no absolute right to a separate unit of professional employees when the exclusive representative of the existing mixed unit did not wish to split the unit into professional and non-professional units. PERB and controlling judicial authority have held that the right of professional employees to separate representation is not absolute, but must be harmonized with other provisions of the statute. (p. 14.) more or view all topics or full text.	42	5	06/23/17
2531M	Santa Clara Valley Water District 1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver In the absence of decertification, Charging Parties had no absolute right to a separate unit of professional employees when the exclusive representative of the existing mixed unit did not wish to split the unit into professional and non-professional units. PERB and controlling judicial authority have held that the right of professional employees to separate representation is not absolute, but must be harmonized with other provisions of the statute. (p. 14.) more or view all topics or full text.	42	5	06/23/17
2531M	Santa Clara Valley Water District 1107.02000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions In the absence of decertification, Charging Parties had no absolute right to a separate unit of professional employees when the exclusive representative of the existing mixed unit did not wish to split the unit into professional and non-professional units. PERB and controlling judicial authority have held that the right of professional employees to separate representation is not absolute, but must be harmonized with other provisions of the statute. (p. 14.) more or view all topics or full text.	42	5	06/23/17
2531M	Santa Clara Valley Water District 750.01000: EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE; In General Because Charging Party could achieve separate representation for professional employees with a properly-filed petition for unit modification or decertification and a representation election for exclusive representation in its own name, rather than for continued representation by another employee organization who opposes severance, its reliance on PERB’s Regulations governing MMBA representation matters is misplaced. The MMBA grants public agencies the right to “adopt reasonable rules and regulations” for the administration of employer-employee relations, including for determining what constitutes “an appropriate unit” of employees for collective bargaining purposes. PERB must enforce and apply rules adopted by public agencies concerning unit determinations, representation, recognition, and elections and only has authority to assert jurisdiction and to conduct representation proceedings under PERB’s own Regulations where the public agency has no functionally equivalent local rules under which the petitioner can accomplish what it seeks without undue burden. (p. 15.) more or view all topics or full text.	42	5	06/23/17
2532C	Sonoma County Superior Court 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General Unlike EERA and the MMBA, the Trial Court Act is both a collective bargaining law and an employment rights statute. Read as a whole, the Act establishes a “floor” of certain guaranteed employment rights and benefits and assures the rights of employee organizations to meet and confer regarding those rights and benefits, provided they are within the scope of representation as defined in Trial Court Act section 71634. more or view all topics or full text.	42	6	06/27/17
2532C	Sonoma County Superior Court 101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General The presence of a union representative in an interactive process meeting convened to explore possible reasonable accommodations for an employee’s disability is not precluded by regulations interpreting the Fair Employment and Housing Act. more or view all topics or full text.	42	6	06/27/17
2532C	Sonoma County Superior Court 408.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; In General The right of representation on “all matters of employer-employee relations” is not limitless and is not a license to turn the workplace into a terrain where no conversation can occur between management and employees without a union representative being present. The right does not apply to run-of-the-mill shop floor conversations or meetings to provide work directives. more or view all topics or full text.	42	6	06/27/17
2532C	Sonoma County Superior Court 408.05000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Other Circumstances Employees’ right of representation includes the right to have a union representative attend interactive process meetings convened to explore possible reasonable accommodations for an employee’s disability. more or view all topics or full text.	42	6	06/27/17
2532C	Sonoma County Superior Court 1100.05000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal Under PERB Regulation 32320, subdivision (d), the Board has discretion whether to designate a decision resolving the appeal of a dismissal of an unfair practice charge precedential. The precedential designation is appropriate for a decision that overrules a prior Board decision. more or view all topics or full text.	42	6	06/27/17
2532C	Sonoma County Superior Court 1104.01000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; In General; Conduct of Hearing Respondent was not prejudiced by the fact that the Board issued a precedential decision reversing and remanding the dismissal of a charge for issuance of a complaint. The Board’s decision addressed a purely legal issue, and at hearing the respondent was free to establish any truthful facts it chose. more or view all topics or full text.	42	6	06/27/17
2532C	Sonoma County Superior Court 1107.05000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Precedential Authority of PERB Decisions Under PERB Regulation 32320, subdivision (d), the Board has discretion whether to designate a decision resolving the appeal of a dismissal of an unfair practice charge precedential. The precedential designation is appropriate for a decision that overrules a prior Board decision. more or view all topics or full text.	42	6	06/27/17
2532C	Sonoma County Superior Court 1107.05000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Precedential Authority of PERB Decisions The fact that the Board’s previous precedential decision articulated its legal conclusion on an issue presented by the case does not mean the Board has prejudged the merits of the case or denied the respondent due process. more or view all topics or full text.	42	6	06/27/17
2532C	Sonoma County Superior Court 1107.18000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Review of Findings Not Excepted To Because the respondent did not except to the ALJ’s findings of fact, the Board presumed the respondent was satisfied with the record established at hearing. more or view all topics or full text.	42	6	06/27/17