Keyword Search by Headnotes - California Public Employment Relations Board

Decision	Description	PERC Vol.	PERC Index	Date
2504E	Anaheim Union High School District 1107.01000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver While the Board applies a de novo standard of review and is free to draw its own conclusions from the record, because an ALJ is in a much better position than the Board to accurately make credibility determinations based on live testimony, “the Board has determined that it will normally afford deference to administrative law judges’ findings of fact involving credibility determinations unless they are unsupported by the record as a whole.” [citations omitted.] Because the record as a whole in this case supported the ALJ’s factual findings and credibility determinations, which were based on a variety of observational and non-observational factors, and because the excepting party provided no grounds to undermine these findings and determinations, the Board declined to disturb the proposed decision finding that the charging party failed to prove the complaint’s allegations of bad-faith bargaining. (p. 14.) more or view all topics or full text.	41	80	10/14/16
2504E	Anaheim Union High School District 1107.02000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions While the Board applies a de novo standard of review and is free to draw its own conclusions from the record, because an ALJ is in a much better position than the Board to accurately make credibility determinations based on live testimony, “the Board has determined that it will normally afford deference to administrative law judges’ findings of fact involving credibility determinations unless they are unsupported by the record as a whole.” [citations omitted.] Because the record as a whole in this case supported the ALJ’s factual findings and credibility determinations, which were based on a variety of observational and non-observational factors, and because the excepting party provided no grounds to undermine these findings and determinations, the Board declined to disturb the proposed decision finding that the charging party failed to prove the complaint’s allegations of bad-faith bargaining. (p. 14.) more or view all topics or full text.	41	80	10/14/16
2504E	Anaheim Union High School District 1107.06000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; De Novo Review; Standard of Review by Board While the Board applies a de novo standard of review and is free to draw its own conclusions from the record, because an ALJ is in a much better position than the Board to accurately make credibility determinations based on live testimony, “the Board has determined that it will normally afford deference to administrative law judges’ findings of fact involving credibility determinations unless they are unsupported by the record as a whole.” [citations omitted.] Because the record as a whole in this case supported the ALJ’s factual findings and credibility determinations, which were based on a variety of observational and non-observational factors, and because the excepting party provided no grounds to undermine these findings and determinations, the Board declined to disturb the proposed decision finding that the charging party failed to prove the complaint’s allegations of bad-faith bargaining. (p. 14.) more or view all topics or full text.	41	80	10/14/16
A465M	San Diego Metropolitan Transit System * * * PUC TRANSIT CASE. PERB DECISION NUMBER CONTAINS INCORRECT LETTERING, AS CASE DID NOT ARISE UNDER MMBA * * * 1301.01000: REPRESENTATION ISSUES; CONTRACT BAR; In General Private sector law “shall apply” in deciding representation matters under the transit district acts (PERB Regulation 93080), though a transit district act takes precedence over federal law when there is a conflict. Under Crompton Company (1982) 260 NLRB 417, 418, a one-month CBA extension is not long enough to create a contract bar, because it is not long enough to create a new open window. Under Deluxe Metal Furniture Co. (1958) 121 NLRB 995, 999, fn 6, the contract bars applies only if both the contract ratification date and the contract’s effective date both precede the filing date of a petition to decertify or replace the incumbent union. more or view all topics or full text.	43	11	06/12/18
A465M	San Diego Metropolitan Transit System * * * PUC TRANSIT CASE. PERB DECISION NUMBER CONTAINS INCORRECT LETTERING, AS CASE DID NOT ARISE UNDER MMBA * * * 1301.03000: REPRESENTATION ISSUES; CONTRACT BAR; Midterm Modification; Premature Extension; Short Term Extension Private sector law “shall apply” in deciding representation matters under the transit district acts (PERB Regulation 93080), though a transit district act takes precedence over federal law when there is a conflict. Under Crompton Company (1982) 260 NLRB 417, 418, a one-month CBA extension is not long enough to create a contract bar, because it is not long enough to create a new open window. Under Deluxe Metal Furniture Co. (1958) 121 NLRB 995, 999, fn 6, the contract bars applies only if both the contract ratification date and the contract’s effective date both precede the filing date of a petition to decertify or replace the incumbent union. more or view all topics or full text.	43	11	06/12/18
A465M	San Diego Metropolitan Transit System * * * PUC TRANSIT CASE. PERB DECISION NUMBER CONTAINS INCORRECT LETTERING, AS CASE DID NOT ARISE UNDER MMBA * * * 1302.01000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements Private sector law “shall apply” in deciding representation matters under the transit district acts (PERB Regulation 93080), though a transit district act takes precedence over federal law when there is a conflict. Under Crompton Company (1982) 260 NLRB 417, 418, a one-month CBA extension is not long enough to create a contract bar, because it is not long enough to create a new open window. Under Deluxe Metal Furniture Co. (1958) 121 NLRB 995, 999, fn 6, the contract bars applies only if both the contract ratification date and the contract’s effective date both precede the filing date of a petition to decertify or replace the incumbent union. more or view all topics or full text.	43	11	06/12/18
A465M	San Diego Metropolitan Transit System * * * PUC TRANSIT CASE. PERB DECISION NUMBER CONTAINS INCORRECT LETTERING, AS CASE DID NOT ARISE UNDER MMBA * * * 1302.04000: REPRESENTATION ISSUES; DECERTIFICATION; Bar To Private sector law “shall apply” in deciding representation matters under the transit district acts (PERB Regulation 93080), though a transit district act takes precedence over federal law when there is a conflict. Under Crompton Company (1982) 260 NLRB 417, 418, a one-month CBA extension is not long enough to create a contract bar, because it is not long enough to create a new open window. Under Deluxe Metal Furniture Co. (1958) 121 NLRB 995, 999, fn 6, the contract bars applies only if both the contract ratification date and the contract’s effective date both precede the filing date of a petition to decertify or replace the incumbent union. more or view all topics or full text.	43	11	06/12/18
A465M	San Diego Metropolitan Transit System * * * PUC TRANSIT CASE. PERB DECISION NUMBER CONTAINS INCORRECT LETTERING, AS CASE DID NOT ARISE UNDER MMBA * * * 1303.06000: REPRESENTATION ISSUES; ELECTIONS; Consent Election Agreement PERB Regulation 32999 applies to elections conducted “pursuant to the local rules of an MMBA, Trial Court Act or Court Interpreter Act employer.” For representation matters arising under the transit district acts, SMCS is required to conduct appropriate elections, regardless of whether the parties enter into a consent election agreement. (PERB Regs. 93070, subd. (a)). more or view all topics or full text.	43	11	06/12/18
2505M	City of Roseville 604.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION; In General A surface bargaining complaint complies with PERB Regulations and decisional law when it alleges that, by the totality of its conduct, “including but not limited to,” the specific conduct described in the complaint, the respondent has failed and refused to meet and confer in good faith. Notwithstanding the phrase “including but not limited to” or similar language, the complaint identifies the specific acts or indicia that are sufficient to state a prima facie case, while also giving the respondent notice that, under PERB’s totality of conduct test, the specific acts or indicia described in the complaint are not necessarily exhaustive of the evidence the charging party may present at hearing to prove the surface bargaining allegation. (p. 12.) more or view all topics or full text.	41	97	11/30/16
2505M	City of Roseville 606.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; In General A surface bargaining complaint complies with PERB Regulations and decisional law when it alleges that, by the totality of its conduct, “including but not limited to,” the specific conduct described in the complaint, the respondent has failed and refused to meet and confer in good faith. Notwithstanding the phrase “including but not limited to” or similar language, the complaint identifies the specific acts or indicia that are sufficient to state a prima facie case, while also giving the respondent notice that, under PERB’s totality of conduct test, the specific acts or indicia described in the complaint are not necessarily exhaustive of the evidence the charging party may present at hearing to prove the surface bargaining allegation. (p. 12.) more or view all topics or full text.	41	97	11/30/16
2505M	City of Roseville 1100.01000: CASE PROCESSING PROCEDURES; CHARGE; In General/Prima Facie Case A surface bargaining complaint complies with PERB Regulations and decisional law when it alleges that, by the totality of its conduct, “including but not limited to,” the specific conduct described in the complaint, the respondent has failed and refused to meet and confer in good faith. Notwithstanding the phrase “including but not limited to” or similar language, the complaint identifies the specific acts or indicia that are sufficient to state a prima facie case, while also giving the respondent notice that, under PERB’s totality of conduct test, the specific acts or indicia described in the complaint are not necessarily exhaustive of the evidence the charging party may present at hearing to prove the surface bargaining allegation. (p. 12.) more or view all topics or full text.	41	97	11/30/16
2505M	City of Roseville 1100.02000: CASE PROCESSING PROCEDURES; CHARGE; Investigation of Charge A surface bargaining complaint complies with PERB Regulations and decisional law when it alleges that, by the totality of its conduct, “including but not limited to,” the specific conduct described in the complaint, the respondent has failed and refused to meet and confer in good faith. Notwithstanding the phrase “including but not limited to” or similar language, the complaint identifies the specific acts or indicia that are sufficient to state a prima facie case, while also giving the respondent notice that, under PERB’s totality of conduct test, the specific acts or indicia described in the complaint are not necessarily exhaustive of the evidence the charging party may present at hearing to prove the surface bargaining allegation. (p. 12.) more or view all topics or full text.	41	97	11/30/16
2505M	City of Roseville 1100.08000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements A surface bargaining complaint complies with PERB Regulations and decisional law when it alleges that, by the totality of its conduct, “including but not limited to,” the specific conduct described in the complaint, the respondent has failed and refused to meet and confer in good faith. Notwithstanding the phrase “including but not limited to” or similar language, the complaint identifies the specific acts or indicia that are sufficient to state a prima facie case, while also giving the respondent notice that, under PERB’s totality of conduct test, the specific acts or indicia described in the complaint are not necessarily exhaustive of the evidence the charging party may present at hearing to prove the surface bargaining allegation. (p. 12.) more or view all topics or full text.	41	97	11/30/16
2505M	City of Roseville 1103.01000: CASE PROCESSING PROCEDURES; COMPLAINT; In General A surface bargaining complaint complies with PERB Regulations and decisional law when it alleges that, by the totality of its conduct, “including but not limited to,” the specific conduct described in the complaint, the respondent has failed and refused to meet and confer in good faith. Notwithstanding the phrase “including but not limited to” or similar language, the complaint identifies the specific acts or indicia that are sufficient to state a prima facie case, while also giving the respondent notice that, under PERB’s totality of conduct test, the specific acts or indicia described in the complaint are not necessarily exhaustive of the evidence the charging party may present at hearing to prove the surface bargaining allegation. (p. 12.) more or view all topics or full text.	41	97	11/30/16
2505M	City of Roseville 1103.03000: CASE PROCESSING PROCEDURES; COMPLAINT; Variance of Complaint from Charge; Evidence, Findings, or Order Varying from Complaint; Events Subsequent to Charge or Complaint A surface bargaining complaint complies with PERB Regulations and decisional law when it alleges that, by the totality of its conduct, “including but not limited to,” the specific conduct described in the complaint, the respondent has failed and refused to meet and confer in good faith. Notwithstanding the phrase “including but not limited to” or similar language, the complaint identifies the specific acts or indicia that are sufficient to state a prima facie case, while also giving the respondent notice that, under PERB’s totality of conduct test, the specific acts or indicia described in the complaint are not necessarily exhaustive of the evidence the charging party may present at hearing to prove the surface bargaining allegation. (p. 12.) more or view all topics or full text.	41	97	11/30/16
2505M	City of Roseville 1105.01000: CASE PROCESSING PROCEDURES; EVIDENCE; In General A surface bargaining complaint complies with PERB Regulations and decisional law when it alleges that, by the totality of its conduct, “including but not limited to,” the specific conduct described in the complaint, the respondent has failed and refused to meet and confer in good faith. Notwithstanding the phrase “including but not limited to” or similar language, the complaint identifies the specific acts or indicia that are sufficient to state a prima facie case, while also giving the respondent notice that, under PERB’s totality of conduct test, the specific acts or indicia described in the complaint are not necessarily exhaustive of the evidence the charging party may present at hearing to prove the surface bargaining allegation. (p. 12.) more or view all topics or full text.	41	97	11/30/16
2509E	Oakland Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit When the existing unit is not a Sweetwater unit, the proper inquiry is whether the requested unit configuration is an appropriate unit, not whether it is more appropriate than the existing configuration. Under those circumstances, the criteria of EERA section 3545(a) apply. more or view all topics or full text.	41	111	12/29/16
2509E	Oakland Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Where there are two possible unit placements for a disputed job classification, it must be determined which unit shares the greater community of interest with the classification. more or view all topics or full text.	41	111	12/29/16
2509E	Oakland Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest In defining “community of interest,” PERB has considered such factors as job functions, qualifications, training, skills, supervision, frequency of contact with other employees, integration of work functions of other employees, method of wage payment, hours of work, etc. PERB has eschewed a rigid application of these factors and instead assesses them based on the totality of the circumstances. more or view all topics or full text.	41	111	12/29/16
2509E	Oakland Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest In the community of interest analysis, the Board considers actual job duties, not job descriptions. more or view all topics or full text.	41	111	12/29/16
2509E	Oakland Unified School District 1309.05000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Established Practices Established practices include the extent to which the employees belong to the same employee organization and negotiating history. more or view all topics or full text.	41	111	12/29/16
2509E	Oakland Unified School District 1309.05000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Established Practices Although the community of interest analysis generally focuses on present, not past, classifications and duties, where new classifications inherit duties from former classifications, it is appropriate to consider which employee organization represented the former classification. more or view all topics or full text.	41	111	12/29/16
2509E	Oakland Unified School District 1309.14000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Splitting of Classifications The Board has interpreted EERA to disfavor splitting a single classification across multiple units when the employees within the classification perform the same work under virtually identical conditions of employment. more or view all topics or full text.	41	111	12/29/16
2509E	Oakland Unified School District 1310.01000: REPRESENTATION ISSUES; UNIT MODIFICATION; In General A party petitioning for a unit modification must provide proper notice to both PERB and other parties of the correct bargaining unit at issue, as well as the number of employees in the unit. However, where there was no genuine confusion as to which of two bargaining units was involved in a unit modification petition, and no demonstration of prejudice to the other parties, the Board declined to dismiss a purportedly defective petition. more or view all topics or full text.	41	111	12/29/16
2518E	Los Angeles Unified School District 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 The requirements of the Stull Act (Education Code section 44660 et seq.) do not set an inflexible standard or insure immutable provisions so as to remove evaluation criteria from the scope of representation. more or view all topics or full text.	41	146	03/06/17