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DecisionDescriptionPERC Vol.PERC IndexDate
A442E Los Rios Community College District
1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General
PERB follows the same severance principles irrespective of whether the petitioning party is an incumbent union that already represents one or more bargaining units. more or view all topics or full text.		 41 82 10/26/16
A440E California School Employees Association (Pintor)
1103.06000: CASE PROCESSING PROCEDURES; COMPLAINT; Service
PERB may excuse defective service if the opposing party received actual notice of the filing and was not prejudiced. more or view all topics or full text.		 41 3 06/22/16
A427E Poway Unified School District
1310.07000: REPRESENTATION ISSUES; UNIT MODIFICATION; Accretion, Adding classification(s) to existing unit (PERB jurisdictions)
PERB rejects a formalistic approach to unit determination. The mere fact that an employee does not work a particular number of days or percentage of time does not, in and of itself, indicate that the employee does not share a community of interest with other unit members. Employees belong in bargaining unit if they have a reasonable expectation of continuing employment. There is a clear distinction between voter eligibility and unit membership eligibility. PERB generally includes employees in a bargaining unit regardless of how few hours they may work in a year but limits who decides whether to ben exclusively represented and if so by whom. PERB therefore does not use the "established interest formula” in assessing eligibility for unit membership. Substitute employees should be included in the bargaining unit, but the "established interest formula'' is the threshold for eligibility to participate in an election. more or view all topics or full text.		 40 35 06/29/15
A427E Poway Unified School District
1310.01000: REPRESENTATION ISSUES; UNIT MODIFICATION; In General
PERB rejects a formalistic approach to unit determination. The mere fact that an employee does not work a particular number of days or percentage of time does not, in and of itself, indicate that the employee does not share a community of interest with other unit members. Employees belong in bargaining unit if they have a reasonable expectation of continuing employment. There is a clear distinction between voter eligibility and unit membership eligibility. PERB generally includes employees in a bargaining unit regardless of how few hours they may work in a year but limits who decides whether to ben exclusively represented and if so by whom. PERB therefore does not use the "established interest formula” in assessing eligibility for unit membership. Substitute employees should be included in the bargaining unit, but the "established interest formula'' is the threshold for eligibility to participate in an election. more or view all topics or full text.		 40 35 06/29/15
A427E Poway Unified School District
1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest
PERB rejects a formalistic approach to unit determination. The mere fact that an employee does not work a particular number of days or percentage of time does not, in and of itself, indicate that the employee does not share a community of interest with other unit members. Employees belong in bargaining unit if they have a reasonable expectation of continuing employment. There is a clear distinction between voter eligibility and unit membership eligibility. PERB generally includes employees in a bargaining unit regardless of how few hours they may work in a year but limits who decides whether to ben exclusively represented and if so by whom. PERB therefore does not use the "established interest formula” in assessing eligibility for unit membership. Substitute employees should be included in the bargaining unit, but the "established interest formula'' is the threshold for eligibility to participate in an election. more or view all topics or full text.		 40 35 06/29/15
A427E Poway Unified School District
1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit
There is a clear distinction between voter eligibility and unit membership eligibility. PERB generally includes employees in a bargaining unit regardless of how few hours they may work in a year but limits who decides whether to ben exclusively represented and if so by whom. PERB therefore does not use the "established interest formula” in assessing eligibility for unit membership. Substitute employees should be included in the bargaining unit, but the "established interest formula'' is the threshold for eligibility to participate in an election. more or view all topics or full text.		 40 35 06/29/15
A427E Poway Unified School District
1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit
PERB rejects a formalistic approach to unit determination. The mere fact that an employee does not work a particular number of days or percentage of time does not, in and of itself, indicate that the employee does not share a community of interest with other unit members. Employees belong in bargaining unit if they have a reasonable expectation of continuing employment. more or view all topics or full text.		 40 35 06/29/15
A427E Poway Unified School District
200.07000: PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309); Temporary, Part-Time or Substitute Employees
The mere fact that an employee does not work a particular number of days or percentage of time does not, in and of itself, indicate that the employee does not share a community of interest with other unit members. Employees belong in bargaining unit if they have a reasonable expectation of continuing employment. There is a clear distinction between voter eligibility and unit membership eligibility. PERB generally includes employees in a bargaining unit regardless of how few hours they may work in a year but limits who decides whether to ben exclusively represented and if so by whom. PERB therefore does not use the "established interest formula” in assessing eligibility for unit membership. Substitute employees should be included in the bargaining unit, but the "established interest formula'' is the threshold for eligibility to participate in an election. more or view all topics or full text.		 40 35 06/29/15
A427E Poway Unified School District
101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent
NLRA precedent is not binding on PERB, even when interpreting analogous provisions. more or view all topics or full text.		 40 35 06/29/15
2596M County of Riverside
1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated
Ordinarily, when a party requests to withdraw its exceptions, by operation of PERB Regulation 32305, subdivision (a), the proposed decision becomes final and binding as to the parties, but without precedential effect for future decisions. However, where the parties’ dispute was disposed of via a global settlement of all outstanding issues, including the collateral unfair practice charge, and involved substantial back pay to the affected employees as part of the settlement agreement, the Board exercised its discretion to vacate the proposed decision as part of granting the withdrawal of exceptions. more or view all topics or full text.		 43 76 11/16/18
2517Ca Fresno County Superior Court
1107.08000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Proceedings During or After Court Enforcement, Review, or Remand
On remand from court of appeal, the Board vacated certain findings pursuant to the court’s order and issued a modified order. more or view all topics or full text.		 43 163 04/12/19
2506M City of Madera
1302.04000: REPRESENTATION ISSUES; DECERTIFICATION; Bar To
MMBA employer’s local rules may, but need not, establish a reasonable contract bar that is consistent with the MMBA. Furthermore, irrespective of whether an MMBA employer’s local rules establish a contract bar, the rules may, but need not, establish reasonable limits on when a party may file a decertification petition even in the absence of an effective labor agreement. more or view all topics or full text.		 41 98 12/13/16
2506M City of Madera
1302.01000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
MMBA employer’s local rules may, but need not, establish a reasonable contract bar that is consistent with the MMBA. Furthermore, irrespective of whether an MMBA employer’s local rules establish a contract bar, the rules may, but need not, establish reasonable limits on when a party may file a decertification petition even in the absence of an effective labor agreement. more or view all topics or full text.		 41 98 12/13/16
2506M City of Madera
1301.04000: REPRESENTATION ISSUES; CONTRACT BAR; Window Period
MMBA employer’s local rules may, but need not, establish a reasonable contract bar that is consistent with the MMBA. Furthermore, irrespective of whether an MMBA employer’s local rules establish a contract bar, the rules may, but need not, establish reasonable limits on when a party may file a decertification petition even in the absence of an effective labor agreement. more or view all topics or full text.		 41 98 12/13/16
2506M City of Madera
1301.01000: REPRESENTATION ISSUES; CONTRACT BAR; In General
MMBA employer’s local rules may, but need not, establish a reasonable contract bar that is consistent with the MMBA. Furthermore, irrespective of whether an MMBA employer’s local rules establish a contract bar, the rules may, but need not, establish reasonable limits on when a party may file a decertification petition even in the absence of an effective labor agreement. more or view all topics or full text.		 41 98 12/13/16
2506M City of Madera
750.01000: EMPLOYER ADOPTION/ENFORCEMENT OF UNREASONABLE RULE; In General
MMBA employer’s local rules may, but need not, establish a reasonable contract bar that is consistent with the MMBA. Furthermore, irrespective of whether an MMBA employer’s local rules establish a contract bar, the rules may, but need not, establish reasonable limits on when a party may file a decertification petition even in the absence of an effective labor agreement. more or view all topics or full text.		 41 98 12/13/16
2495E Walnut Valley Unified School District
501.03000: EMPLOYER DISCRIMINATION; DISCRIMINATION; Lack of Knowledge of Protected Activity
Under the “cat’s paw” theory, employers are responsible where discriminatory or retaliatory actions by supervisory personnel bring about adverse employment actions through the instrumentality or conduit of other actors who may be entirely innocent of discriminatory or retaliatory animus. In contrast, under the subordinate bias liability theory, a supervisor’s unlawful motive may be imputed to the decision-maker when: (1) the supervisor’s recommendation, evaluation, or report was motivated by the employee’s protected activity; (2) the supervisor intended for his or her conduct to result in an adverse action; and (3) the supervisor’s conduct caused the decision-maker to take adverse action against the employee. more or view all topics or full text.		 41 34 06/30/16
2495E Walnut Valley Unified School District
300.15000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Speech
The right to “form, join, and participate” in union activities includes protesting a management directive regarding educational policy, curriculum issues, or other matter of obvious collective concern. Employee need not know the concerns of, or attempt to enlist, other employees. Employee need not know the concerns of, or attempt to enlist, other employees. If the employee is covered by EERA and raises a concern about a matter that is implicitly part of the employment relationship, then the conduct also falls within the right of self-representation. more or view all topics or full text.		 41 34 06/30/16
2495E Walnut Valley Unified School District
300.06000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
The right to “form, join, and participate” in union activities includes protesting a management directive regarding educational policy, curriculum issues, or other matter of obvious collective concern. Employee need not know the concerns of, or attempt to enlist, other employees. Employee need not know the concerns of, or attempt to enlist, other employees. If the employee is covered by EERA and raises a concern about a matter that is implicitly part of the employment relationship, then the conduct also falls within the right of self-representation. more or view all topics or full text.		 41 34 06/30/16
2495E Walnut Valley Unified School District
300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation
The right to “form, join, and participate” in union activities includes protesting a management directive regarding educational policy, curriculum issues, or other matter of obvious collective concern. Employee need not know the concerns of, or attempt to enlist, other employees. Employee need not know the concerns of, or attempt to enlist, other employees. If the employee is covered by EERA and raises a concern about a matter that is implicitly part of the employment relationship, then the conduct also falls within the right of self-representation. more or view all topics or full text.		 41 34 06/30/16
2495E Walnut Valley Unified School District
300.01000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; In General
The right to “form, join, and participate” in union activities includes protesting a management directive regarding educational policy, curriculum issues, or other matter of obvious collective concern. Employee need not know the concerns of, or attempt to enlist, other employees. If the employee is covered by EERA and raises a concern about a matter that is implicitly part of the employment relationship, then the conduct also falls within the right of self-representation. more or view all topics or full text.		 41 34 06/30/16
2444E Pasadena Area Community College District
1000.02016: SCOPE OF REPRESENTATION; Calendar
Employee work dates and hours fall within the scope of representation, notwithstanding fact that management has prerogative to establish student attendance calendar. Where employer changes academic calendar, it has a duty to bargain over decision to change employee work dates or hours; employer’s duty is not merely a duty to bargain effects of a decision on a permissive subject of bargaining. (pp. 13-15 &19.) more or view all topics or full text.		 40 37 07/30/15
2203M City of Palmdale
1309.13000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Supervisors
The MMBA covers all levels of employees except elected officials and gubernatorial appointees. It neither defines "supervisor" nor precludes the formation of a bargaining unit that includes both supervisory and non-supervisory employees. As stated in Organization of Deputy Sheriffs v. County of San Mateo (1975) 48 Cal.App.3d 331, 338, the MMBA confers organizational and representational rights on supervisory, management and confidential employees "without regard to their position in the administrative hierarchy.” In Santa Clara County Counsel Attorneys Assn. v. Woodside (1994) 7 Cal.4th 525, the Supreme Court observed: “By choosing to explicitly include supervisorial, managerial, and confidential employees within the realm of the MMBA's protections, the Legislature implicitly decided that the benefits for public sector labor relations achieved by including managerial employees outweighed the potential divided loyalty dilemmas raised. We therefore note at the outset that any argument which contends that MMBA protections should not apply to certain managerial employees because of problems with divided loyalty must be viewed with skepticism, for that argument follows precisely the legislative road the MMBA declined to take.” (Id. at p. 538; fn. omitted.) Board found no basis to exclude Leads from a unit based solely on their leadership roles. Where Leads spend at least ten percent of their time regularly performing the same kind of maintenance work and using the same tools as their crews, it does not matter that their supervision responsibilities are distinctive. Board also noted that Leads: share a common goal with other employees (to ensure that City facilities are well maintained); have daily contact with one another; and share similar training, qualifications, and skills, mainly that learned working in the field. more or view all topics or full text.		 36 49 09/23/11
2203M City of Palmdale
1309.12000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Skilled Crafts
The MMBA covers all levels of employees except elected officials and gubernatorial appointees. It neither defines "supervisor" nor precludes the formation of a bargaining unit that includes both supervisory and non-supervisory employees. As stated in Organization of Deputy Sheriffs v. County of San Mateo (1975) 48 Cal.App.3d 331, 338, the MMBA confers organizational and representational rights on supervisory, management and confidential employees "without regard to their position in the administrative hierarchy.” In Santa Clara County Counsel Attorneys Assn. v. Woodside (1994) 7 Cal.4th 525, the Supreme Court observed: “By choosing to explicitly include supervisorial, managerial, and confidential employees within the realm of the MMBA's protections, the Legislature implicitly decided that the benefits for public sector labor relations achieved by including managerial employees outweighed the potential divided loyalty dilemmas raised. We therefore note at the outset that any argument which contends that MMBA protections should not apply to certain managerial employees because of problems with divided loyalty must be viewed with skepticism, for that argument follows precisely the legislative road the MMBA declined to take.” (Id. at p. 538; fn. omitted.) Board found no basis to exclude Leads from a unit based solely on their leadership roles. Where Leads spend at least ten percent of their time regularly performing the same kind of maintenance work and using the same tools as their crews, it does not matter that their supervision responsibilities are distinctive. Board also noted that Leads: share a common goal with other employees (to ensure that City facilities are well maintained); have daily contact with one another; and share similar training, qualifications, and skills, mainly that learned working in the field. more or view all topics or full text.		 36 49 09/23/11
2203M City of Palmdale
1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest
The MMBA covers all levels of employees except elected officials and gubernatorial appointees. It neither defines "supervisor" nor precludes the formation of a bargaining unit that includes both supervisory and non-supervisory employees. As stated in Organization of Deputy Sheriffs v. County of San Mateo (1975) 48 Cal.App.3d 331, 338, the MMBA confers organizational and representational rights on supervisory, management and confidential employees "without regard to their position in the administrative hierarchy.” In Santa Clara County Counsel Attorneys Assn. v. Woodside (1994) 7 Cal.4th 525, the Supreme Court observed: “By choosing to explicitly include supervisorial, managerial, and confidential employees within the realm of the MMBA's protections, the Legislature implicitly decided that the benefits for public sector labor relations achieved by including managerial employees outweighed the potential divided loyalty dilemmas raised. We therefore note at the outset that any argument which contends that MMBA protections should not apply to certain managerial employees because of problems with divided loyalty must be viewed with skepticism, for that argument follows precisely the legislative road the MMBA declined to take.” (Id. at p. 538; fn. omitted.) Board found no basis to exclude Leads from a unit based solely on their leadership roles. Where Leads spend at least ten percent of their time regularly performing the same kind of maintenance work and using the same tools as their crews, it does not matter that their supervision responsibilities are distinctive. Board also noted that Leads: share a common goal with other employees (to ensure that City facilities are well maintained); have daily contact with one another; and share similar training, qualifications, and skills, mainly that learned working in the field. more or view all topics or full text.		 36 49 09/23/11