Category Archives: PERB Decision

PERB: Reconsideration Only Available in Limited Circumstances

Lake Elsinore USD (2018) PERB Decision No. A446-Ea (Issued on 5/15/18) This case provided PERB the opportunity to emphasize the limited nature of reconsideration. Under PERB Regulation 32410, a “request for reconsideration” is warranted only in “extraordinary circumstances.” PERB affirmed … Continue reading

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PERB: Must Assert Defenses to Information Requests Early

State of California (Department of State Hospitals) (2018) PERB Decision No. 2568-S (Issued on 6/12/18) This case involves a very common scenario.  An employee is subject to discipline and requests a hearing. In preparation for the hearing the union submits … Continue reading

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PERB Adopts Heightened Version of Purple Communications

Napa Valley CCD (2018) PERB Decision No. 2563-E (Issued on 5/25/18) This precedential decision involves an appeal from a dismissal.  The central issue was whether charging party, an employee, engaged in protected activity by sending e-mails to co-workers. To answer … Continue reading

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No Dismissal of Allegation Unless in Warning Letter

Lake Elsinore Unified School District (2018) PERB Decision No. 2548 (Issued on 2/2/18) This case involved an unfair practice charge that alleged various forms of retaliation. After being amended three times, and a warning letter being issued, the Board agent … Continue reading

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Board: Written Letter Constituted Declaration of Impasse

City of Salinas (2017) PERB Order No. Ad-457-M (Issued on 1/4/18) One of the triggers for requesting factfinding under the MMBA is a “written notice of a declaration of impasse.” (Gov. Code §3505.4.) The issue in this case was whether … Continue reading

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