Decision 0651E – Fremont Union High School District
Decision Date: December 30, 1987
Decision Type: PERB Decision
Perc Vol: 12
Perc Index: 19021
1104.07000 – Bias or Prejudice/Motion to Disqualify
Alleged bias against a legal representative, rather than a party, is insufficient grounds for disqualification of ALJ under PERB Regulation 32155(a)(4). Mere existence of a lawsuit filed by legal representative in which ALJ was named, without proof of service or actual notice, fails to demonstrate "prejudice" under PERB Regulation 32155(a)(4) and does not meet the Gonzales standard of a "fixed anticipatory prejudgment" on part of ALJ.
1104.04000 – Substitution of ALJ
Substitution of ALJ's under PERB Regulation 32168(b) not improper where the ALJ issued decision in which he simply weighed conflicting evidence without reference to credibility or demeanor. Parties are required to be given prior notice and opportunity to state objections prior to the transfer of case from one ALJ to another under PERB Regulation 32168(b).
1000.02137 – Subcontracting
Employer subcontracting consists of the substitution of one group of workers for another to perform the same task in the same location under the ultimate control of the same employer. No subcontracting shown in District's entering into lease agreement with private institution to provide comprehensive summer school where: summer school employees not under ultimate control of District.
608.04000 – Non-Bargaining Unit Employees; Inappropriate Bargaining Unit
No subcontracting shown in District's entering into lease agreement with private institution to provide comprehensive summer school where: summer school employees not under ultimate control of District; District did not exercise control over those employees; employees were selected by private institution, subject solely to its direction, control, compensation and discharge; private party responsible for workers' compensation insurance, unemployment insurance, social security contributions, and income tax withholdings; the District did not interfere with private employer's performance of those functions; no evidence that private firm was "alter ego" of District; and, without the lease, there would have been no comprehensive summer school.
1000.02139 – Summer School
Public school employer has no duty to negotiate speculative effects of entering into a lease with private institution to provide summer school.
601.03000 – Decision vs Effects Bargaining
Mt. Diablo (PERB Dec. No. 373) standard -- "Employer has duty to negotiate the reasonably foreseeable adverse impact of nonnegotiable decision" -- is clarified. Employer's duty attaches only to those immediate or prospective effects which are reasonably certain to occur and causally related to the nonnegotiable decision at issue.