Category: California PERB Blog

El Camino Hospital District (2009) PERB Decision No. 2033-M (Issued on 5/29/09)The facts in this case are fairly convoluted. However, it boils down to this. The El Camino Hospital (Hospital) is a nonprofit 501(c)(3) corporation. It’s sole shareholder is the El Camino Hospital District (District), which is a public entity. The hospital owns its building but the District owns the land the building sits on. The Hospital and District have separate budgets. However, the actual people who sit on the governing board of the Hospital also sit on the governing board of the District. SEIU submitted a petition to conduct…

Solano County Fair Association (2009) PERB Decision No. 2035-M (Issued on 6/09/09)Following the reasoning set forth in Trustees of the California State University (San Jose) (2009) PERB Decision No. 2032-H (Issued on 5/29/09), the Board held that the doctrine of equitable tolling also applies under the MMBA.

Trustees of the California State University (San Jose) (2009) PERB Decision No. 2032-H (Issued on 5/29/09)This case involved a CSU professor who was demoted because he refused to comply with a university decision on allowing a student to retake an exam. He was demoted in November 2005, but did not file his unfair practice charge until May, 2007—almost two years later. The employee argued that the time for filing his unfair practice charge should be “equitably tolled” during the period of time he was proceeding under the university’s grievance process. PERB agreed.PERB noted that unlike the other statutes it administers,…

San Leandro Teachers Assn. v. Governing Bd. (California Supreme Court, Case No. S156961) (Issued on 6/18/09)The issue in this case was whether a school district can prohibit a union from using the district’s mail system to distribute political literature. The district asserted that it could prohibit political literature under Education Code section 7054, subdivision (a). The California Supreme Court agreed. The Court also held that such a rule did not violate the union’s right to access under EERA and did not violate the union’s first amendment rights.

City of Alhambra (2009) PERB Decision No. 2036-M (Issued on 6/9/09) (City of Alhambra I) and City of Alhambra (2009) PERB Decision No. 2037-M (City of Alhambra II) (Issued on 6/9/09).In these two decisions PERB considered when an award of attorneys' fees may be awarded against a party in an unfair practice charge action. In City of Alhambra I, PERB clarified that in order to obtain an award of attorneys’ fees the moving party must demonstrate that the charge was ‘without arguable merit’ and pursued in ‘bad faith’. PERB expressly disavowed prior cases which suggested that the standard was a…