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DecisionDescriptionPERC Vol.PERC IndexDate
2702M City of Sacramento
401.07000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Display of Union Insignia
The right to wear union insignia in the workplace is not unlimited and may be subject to reasonable regulation. However, any restriction on the right to display union insignia and messages in the workplace is presumptively invalid; it is permitted only if special circumstances exist justifying the prohibition. (p. 9.) more or view all topics or full text.		 44 153 03/25/20
2702M City of Sacramento
101.03000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; NLRA/LMRDA Precedent
Although federal judicial and administrative precedent is not binding on PERB, it often provides persuasive guidance in construing California’s public sector labor relations statutes. (p. 9, fn. 13.) more or view all topics or full text.		 44 153 03/25/20
2702M City of Sacramento
101.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES; In General
Although federal judicial and administrative precedent is not binding on PERB, it often provides persuasive guidance in construing California’s public sector labor relations statutes. (p. 9, fn. 13.) more or view all topics or full text.		 44 153 03/25/20
2701I Region 2 Court Interpreter Employment Relations Committee
1407.01000: GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION; General Principles
Only where the plain meaning of a statute is unclear may PERB turn to other extrinsic sources to discern legislative intent, such as maxims of construction, legislative history, and the wider historical context of the statute’s enactment. (p. 33.) more or view all topics or full text.		 44 150 03/16/20
2701I Region 2 Court Interpreter Employment Relations Committee
1407.01000: GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION; General Principles
The fundamental task in statutory construction is ascertaining the Legislature’s intent so as to effectuate the purpose of the law. When interpreting a statute, PERB begins with its plain meaning, affording the words their ordinary and usual meaning and giving meaning to every word of the statute, if possible, to avoid a construction that makes any word surplusage. If the terms of the statute are unambiguous, PERB assumes the Legislature meant what it said. (pp, 32-33.) more or view all topics or full text.		 44 150 03/16/20
2701I Region 2 Court Interpreter Employment Relations Committee
1404.03000: GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION; General Principles of Contract Interpretation
A zipper clause does not preclude midterm negotiations where the language of a specific contract provision clearly contemplates midterm negotiations. (p. 41.) more or view all topics or full text.		 44 150 03/16/20
2701I Region 2 Court Interpreter Employment Relations Committee
1404.03000: GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION; General Principles of Contract Interpretation
The parties’ practical construction of a contract, as shown by their actions, is important evidence of their intent. (p. 40.) However, based on a non-waiver clause in the parties’ MOU, the union did not waive its contractual right to meet and confer with the regional committee over the impact of future changes to employee pension contributions simply by doing so previously with one of the trial courts. The Board further declined to consider evidence of the union’s conduct as it related to other regional committees. (pp. 40-41, fn. 31.) more or view all topics or full text.		 44 150 03/16/20
2701I Region 2 Court Interpreter Employment Relations Committee
1404.03000: GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION; General Principles of Contract Interpretation
Although PERB lacks the authority to enforce contracts, it may interpret them when necessary to resolve an unfair practice allegation. In such cases, traditional rules of contract law guide the Board’s interpretation. Where the contractual language is clear and unambiguous, it is unnecessary to go beyond the plain language of the contract itself to ascertain its meaning. However, where the contract language is silent or ambiguous, PERB may examine past practice or bargaining history. (p. 38.) Under the plain language of the parties’ contract, the regional committee was contractually obligated to bargain over the impacts of changes to employee pension contributions by the local trial courts. (p. 39.) more or view all topics or full text.		 44 150 03/16/20
2701I Region 2 Court Interpreter Employment Relations Committee
1404.02000: GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION; Board's Jurisdiction To Interpret Contracts
Although PERB lacks the authority to enforce contracts, it may interpret them when necessary to resolve an unfair practice allegation. In such cases, traditional rules of contract law guide the Board’s interpretation. Where the contractual language is clear and unambiguous, it is unnecessary to go beyond the plain language of the contract itself to ascertain its meaning. However, where the contract language is silent or ambiguous, PERB may examine past practice or bargaining history. (p. 38.) Under the plain language of the parties’ contract, the regional committee was contractually obligated to bargain over the impacts of changes to employee pension contributions by the local trial courts. (p. 39.) more or view all topics or full text.		 44 150 03/16/20
2701I Region 2 Court Interpreter Employment Relations Committee
1404.01000: GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION; In General
The parties’ practical construction of a contract, as shown by their actions, is important evidence of their intent. (p. 40.) However, based on a non-waiver clause in the parties’ MOU, the union did not waive its contractual right to meet and confer with the regional committee over the impact of future changes to employee pension contributions simply by doing so previously with one of the trial courts. The Board further declined to consider evidence of the union’s conduct as it related to other regional committees. (pp. 40-41, fn. 31.) more or view all topics or full text.		 44 150 03/16/20
2701I Region 2 Court Interpreter Employment Relations Committee
1404.01000: GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION; In General
Although PERB lacks the authority to enforce contracts, it may interpret them when necessary to resolve an unfair practice allegation. In such cases, traditional rules of contract law guide the Board’s interpretation. Where the contractual language is clear and unambiguous, it is unnecessary to go beyond the plain language of the contract itself to ascertain its meaning. However, where the contract language is silent or ambiguous, PERB may examine past practice or bargaining history. (p. 38.) Under the plain language of the parties’ contract, the regional committee was contractually obligated to bargain over the impacts of changes to employee pension contributions by the local trial courts. (p. 39.) more or view all topics or full text.		 44 150 03/16/20
2701I Region 2 Court Interpreter Employment Relations Committee
1107.20000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Other
An arbitrator’s interpretation of a contract term is not binding on PERB but may be probative of the term’s meaning. (p. 40.) The Board did not find an arbitration decision probative of the question before it—whether the regional committee was contractually obligated to bargain over the impacts of changes to employee pension contributions—because the decision focused solely on the individual trial court’s obligations under the collective bargaining agreement. more or view all topics or full text.		 44 150 03/16/20
2701I Region 2 Court Interpreter Employment Relations Committee
1107.06000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; De Novo Review; Standard of Review by Board
An arbitrator’s interpretation of a contract term is not binding on PERB but may be probative of the term’s meaning. (p. 40.) The Board did not find an arbitration decision probative of the question before it—whether the regional committee was contractually obligated to bargain over the impacts of changes to employee pension contributions—because the decision focused solely on the individual trial court’s obligations under the collective bargaining agreement. more or view all topics or full text.		 44 150 03/16/20
2701I Region 2 Court Interpreter Employment Relations Committee
No items found
In resolving exceptions to a proposed decision the Board applies a de novo standard of review, and is free to make different factual findings and reach different legal conclusions than those in the proposed decision. (p. 31.) more or view all topics or full text.		 44 150 03/16/20
2701I Region 2 Court Interpreter Employment Relations Committee
1107.02000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
In resolving exceptions to a proposed decision the Board applies a de novo standard of review, and is free to make different factual findings and reach different legal conclusions than those in the proposed decision. (p. 31.) more or view all topics or full text.		 44 150 03/16/20
2701I Region 2 Court Interpreter Employment Relations Committee
1102.03000: CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION; Other
An arbitrator’s interpretation of a contract term is not binding on PERB but may be probative of the term’s meaning. (p. 40.) The Board did not find an arbitration decision probative of the question before it—whether the regional committee was contractually obligated to bargain over the impacts of changes to employee pension contributions—because the decision focused solely on the individual trial court’s obligations under the collective bargaining agreement. more or view all topics or full text.		 44 150 03/16/20
2701I Region 2 Court Interpreter Employment Relations Committee
1102.02000: CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION; Post Arbitration; Repugnancy
An arbitrator’s interpretation of a contract term is not binding on PERB but may be probative of the term’s meaning. (p. 40.) The Board did not find an arbitration decision probative of the question before it—whether the regional committee was contractually obligated to bargain over the impacts of changes to employee pension contributions—because the decision focused solely on the individual trial court’s obligations under the collective bargaining agreement. more or view all topics or full text.		 44 150 03/16/20
2701I Region 2 Court Interpreter Employment Relations Committee
1000.02100: SCOPE OF REPRESENTATION; Past Practices
A unilateral change in an established past practice may constitute unlawful action. A binding past practice is one which is unequivocal, clearly enunciated and acted upon, and readily ascertainable over a reasonable period of time as a fixed and established practice accepted by both parties, or which is regular and consistent or historic and accepted. (p. 55.) more or view all topics or full text.		 44 150 03/16/20
2701I Region 2 Court Interpreter Employment Relations Committee
1000.02057: SCOPE OF REPRESENTATION; Grievance Procedure
Grievance procedures are within the scope of representation and an employer’s failure or refusal to process a grievance in accordance with collectively-bargained grievance procedures may be reviewed as a unilateral change. (p. 50.) more or view all topics or full text.		 44 150 03/16/20
2701I Region 2 Court Interpreter Employment Relations Committee
608.12000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Good Faith; DeMinimus; Temporary Change
Employer’s offer to meet and confer with the exclusive representative over the elimination of a stipend after notifying the representative that it would stop making the payments does not ameliorate its unilateral change in past practice. When the exclusive representative first learns of a negotiable change after the decision has been made, by definition, there has been inadequate notice. (p. 56.) more or view all topics or full text.		 44 150 03/16/20
2701I Region 2 Court Interpreter Employment Relations Committee
608.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; In General
Employer’s offer to meet and confer with the exclusive representative over the elimination of a stipend after notifying the representative that it would stop making the payments does not ameliorate its unilateral change in past practice. When the exclusive representative first learns of a negotiable change after the decision has been made, by definition, there has been inadequate notice. (p. 56.) more or view all topics or full text.		 44 150 03/16/20
2701I Region 2 Court Interpreter Employment Relations Committee
606.11000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Provide Counter-Proposals
Evidence that an employer exchanged numerous proposals and explained the rationale behind its proposals demonstrated its good faith during successor MOU negotiations. (pp. 42-44.) more or view all topics or full text.		 44 150 03/16/20
2701I Region 2 Court Interpreter Employment Relations Committee
606.09000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Treat Bargaining Obligation Seriously
Evidence that an employer exchanged numerous proposals and explained the rationale behind its proposals demonstrated its good faith during successor MOU negotiations. (pp. 42-44.) more or view all topics or full text.		 44 150 03/16/20
2701I Region 2 Court Interpreter Employment Relations Committee
606.08000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Conduct Outside of Negotiations; Prior UPs
The employer’s expressed concern that a union’s specific proposal violates the law did not signal an outright refusal to bargain where the evidence shows the employer continued to negotiate over the issue in general. (p. 44.) The employer’s unlawful position that regional bargaining was not required did not evidence bad faith in the parties’ successor MOU negotiations because the employer’s stated position pertained to discussions about the parties’ “current” contract and its response to the union’s notification of anticipated litigation. (p. 45.) more or view all topics or full text.		 44 150 03/16/20
2701I Region 2 Court Interpreter Employment Relations Committee
606.04000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Failure to Explain Proposal
Although the regional committee did not provide written support for concerns it expressed during bargaining, it clearly communicated those concerns at the bargaining table and identified them as the reason for its alternative proposals. Absent evidence that it failed to respond to an information request for such written records, or other indicia of bad faith, the Board concluded it negotiated in good faith. (pp. 45-46.) more or view all topics or full text.		 44 150 03/16/20