All notes for Subtopic 1107.21000 – Administrative Appeals

DecisionDescriptionPERC Vol.PERC IndexDate
A482M County of Santa Clara
1107.21000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative Appeals
Because pre-arbitration deferral has a substantial impact on the charging party’s subsequent ability to pursue the allegations in the charge, and to bring uniformity to PERB’s practice under the various statutes it administers, a Board agent’s decision to defer a charge to arbitration and place it in abeyance pending completion of arbitration proceedings is an administrative decision that may be appealed directly to the Board under PERB Regulation 32360. (pp. 8-11.)PERB Regulation 32380, by its plain language, contemplates that an administrative decision may constitute an interlocutory order. Thus, administrative decisions and interlocutory orders are not mutually exclusive. (pp. 6-7.)The Board accepted an administrative appeal, even though it failed to specifically identify any factual, procedural, or legal errors in the appealed administrative decision as required by PERB Regulation 32360(c), where the appellant’s claim that it had already filed a valid administrative appeal gave the Board adequate notice of the primary issue on appeal. (p. 6, fn. 8.) more or view all topics or full text.
11/02/20
A481E Gompers Preparatory Academy
1107.21000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative Appeals
In resolving an appeal of an administrative decision on a request for an election stay, the Board reviews the decision for abuse of discretion. Under this standard, the Board determines whether the decision is supported by the allegations in the blocking charge. (p. 4.) more or view all topics or full text.
10/22/20
A470E Children of Promise Preparatory Academy
1107.21000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative Appeals
In an appeal from an administrative determination, the appellant must demonstrate how or why the challenged decision departs from the Board’s precedents or regulations. The appeal also must state the specific issue(s) of procedure, fact, law or rationale that is appealed and state the grounds for the appeal. (p. 4; citing PERB Regulation 32360.) more or view all topics or full text.
438211/29/18
A470E Children of Promise Preparatory Academy
1107.21000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Administrative Appeals
An appellant adequately provides notice of the issues on appeal by claiming the dismissal is not supported by the factual record. (pp. 4-5.) more or view all topics or full text.
438211/29/18