6 California opinions name it 2 courts 1980–2021 1 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Los Angeles Council of School Nurses v. Los Angeles Unified School Districtgreen2 sentences1996Rather, “[i]n applying section 3541.5 to situations dealing with employment disputes, courts have *886 permitted [PERB] to retain exclusive jurisdiction in order to resolve disputes which arguably could give rise to an unfair practice claim.” (Los Angeles Council of School Nurses v. Los Angeles Unified School Dist. (1980) 113 Cal.App.3d 666, 670 [ 169 Cal.Rptr. 893 ], italics added; see also Amador Valley Secondary Educators Assn. v. Newlin (1979) 88 Cal.App.3d 254, 257 [ 151 Cal.Rptr. 724 ].) In determining whether conduct in a given case could give rise to an unfair practice claim, a court “ 1996Rather, “[i]n applying section 3541.5 to situations dealing with employment disputes, courts have *886 permitted [PERB] to retain exclusive jurisdiction in order to resolve disputes which arguably could give rise to an unfair practice claim.” (Los Angeles Council of School Nurses v. Los Angeles Unified School Dist. (1980) 113 Cal.App.3d 666, 670 [ 169 Cal.Rptr. 893 ], italics added; see also Amador Valley Secondary Educators Assn. v. Newlin (1979) 88 Cal.App.3d 254, 257 [ 151 Cal.Rptr. 724 ].) In determining whether conduct in a given case could give rise to an unfair practice claim, a court “ | 1 | 3 |
Amador Valley Secondary Educators Assn. v. Newlingreen2 sentences1996Rather, “[i]n applying section 3541.5 to situations dealing with employment disputes, courts have *886 permitted [PERB] to retain exclusive jurisdiction in order to resolve disputes which arguably could give rise to an unfair practice claim.” (Los Angeles Council of School Nurses v. Los Angeles Unified School Dist. (1980) 113 Cal.App.3d 666, 670 [ 169 Cal.Rptr. 893 ], italics added; see also Amador Valley Secondary Educators Assn. v. Newlin (1979) 88 Cal.App.3d 254, 257 [ 151 Cal.Rptr. 724 ].) In determining whether conduct in a given case could give rise to an unfair practice claim, a court “ 1996Rather, “[i]n applying section 3541.5 to situations dealing with employment disputes, courts have *886 permitted [PERB] to retain exclusive jurisdiction in order to resolve disputes which arguably could give rise to an unfair practice claim.” (Los Angeles Council of School Nurses v. Los Angeles Unified School Dist. (1980) 113 Cal.App.3d 666, 670 [ 169 Cal.Rptr. 893 ], italics added; see also Amador Valley Secondary Educators Assn. v. Newlin (1979) 88 Cal.App.3d 254, 257 [ 151 Cal.Rptr. 724 ].) In determining whether conduct in a given case could give rise to an unfair practice claim, a court “ | 1 | 2 |
California Teachers' Ass'n v. Livingston Union School Districtgreen2 sentences1996Rather, “[i]n applying section 3541.5 to situations dealing with employment disputes, courts have *886 permitted [PERB] to retain exclusive jurisdiction in order to resolve disputes which arguably could give rise to an unfair practice claim.” (Los Angeles Council of School Nurses v. Los Angeles Unified School Dist. (1980) 113 Cal.App.3d 666, 670 [ 169 Cal.Rptr. 893 ], italics added; see also Amador Valley Secondary Educators Assn. v. Newlin (1979) 88 Cal.App.3d 254, 257 [ 151 Cal.Rptr. 724 ].) In determining whether conduct in a given case could give rise to an unfair practice claim, a court “ 1996Rather, “[i]n applying section 3541.5 to situations dealing with employment disputes, courts have *886 permitted [PERB] to retain exclusive jurisdiction in order to resolve disputes which arguably could give rise to an unfair practice claim.” (Los Angeles Council of School Nurses v. Los Angeles Unified School Dist. (1980) 113 Cal.App.3d 666, 670 [ 169 Cal.Rptr. 893 ], italics added; see also Amador Valley Secondary Educators Assn. v. Newlin (1979) 88 Cal.App.3d 254, 257 [ 151 Cal.Rptr. 724 ].) In determining whether conduct in a given case could give rise to an unfair practice claim, a court “ | 1 | 1 |
Wygant v. Victor Valley Joint Union High School Districtgreen1 sentence1996Rather, “[i]n applying section 3541.5 to situations dealing with employment disputes, courts have *886 permitted [PERB] to retain exclusive jurisdiction in order to resolve disputes which arguably could give rise to an unfair practice claim.” (Los Angeles Council of School Nurses v. Los Angeles Unified School Dist. (1980) 113 Cal.App.3d 666, 670 [ 169 Cal.Rptr. 893 ], italics added; see also Amador Valley Secondary Educators Assn. v. Newlin (1979) 88 Cal.App.3d 254, 257 [ 151 Cal.Rptr. 724 ].) In determining whether conduct in a given case could give rise to an unfair practice claim, a court “ | 1 | 1 |
Dixon v. Board of Trusteesgreen1 sentence1996Rather, “[i]n applying section 3541.5 to situations dealing with employment disputes, courts have *886 permitted [PERB] to retain exclusive jurisdiction in order to resolve disputes which arguably could give rise to an unfair practice claim.” (Los Angeles Council of School Nurses v. Los Angeles Unified School Dist. (1980) 113 Cal.App.3d 666, 670 [ 169 Cal.Rptr. 893 ], italics added; see also Amador Valley Secondary Educators Assn. v. Newlin (1979) 88 Cal.App.3d 254, 257 [ 151 Cal.Rptr. 724 ].) In determining whether conduct in a given case could give rise to an unfair practice claim, a court “ | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Paulsen v. Local No. 856 of International Brotherhood of Teamsters
green
1 sentence2021(Fresno Unified School Dist. v. National Education Assn., supra, 125 Cal.App.3d at pp. 262-263, 267-268, 274 [activity alleged in tort causes of action arguably an unfair labor practice because integrally related to labor issue]; Paulsen, supra, 193 Cal.App.4th at pp. 828, 835 [affirming, without discussion, dismissal of tort causes of action for breach of fiduciary duty and fraudulent concealment because the essence of the claims was a breach of the duty of fair representation].) The same analysis applies to Wilson’s constructive discharge claim. | 1 | 2021–2021 |
Fremont Reorganizing Corp. v. Faigin
green
1 sentence2021(Fremont Reorganizing Corp. v. Faigin (2011) 198 Cal.App.4th 1153, 1176 .) We cannot see how that doctrine could be applied under the facts of this case to impose a duty of disclosure on SEIU. 8 to the duty of fair representation and arguably gives rise to an unfair practice claim. | 1 | 2021–2021 |
Southern California District Council of Laborers & Its Affiliated Local 1184 v. Ordman
green
2 sentences2011“The letter stated that Local 188’s unfair practice allegations failed to state a prima facie case for relief because a decision to lay off employees, including firefighters, is not subject to collective bargaining and because, although the effects of a layoff decision are subject to bargaining, Local 188 had made no proposals concerning the effects of the city’s decision to lay off firefighters and the city had not declined to bargain concerning them.” (Maj. opn., ante, at p. 265.) As noted above, in Local 1184, supra, 318 F.Supp. 633 , the sole federal decision relied on in Belridge Farms fo 2011“The letter stated that Local 188’s unfair practice allegations failed to state a prima facie case for relief because a decision to lay off employees, including firefighters, is not subject to collective bargaining and because, although the effects of a layoff decision are subject to bargaining, Local 188 had made no proposals concerning the effects of the city’s decision to lay off firefighters and the city had not declined to bargain concerning them.” (Maj. opn., ante, at p. 265.) As noted above, in Local 1184, supra, 318 F.Supp. 633 , the sole federal decision relied on in Belridge Farms fo | 1 | 2011–2011 |
Fresno Unified School District v. National Education Ass'n
green
1 sentence1996Accordingly, “further judicial relief’ might be required on the breach of contract claim if PERB’s decision on the unfair practice claim did not render it moot. ( 125 Cal.App.3d at p. 273 .) Therefore, it was appropriate to stay trial court proceedings on the contract claim: “The stay protects the status quo of the contract issues pending the resolution of PERB of the unfair practice issues which are within its exclusive jurisdiction and subject to review only pursuant to the limits provided in [Government Code] section 3542.” (Id., at p. 274.) The situation is analogous here: PERB has exclusi | 1 | 1996–1996 |
Karahalios v. National Federation of Federal Employees, Local 1263
green
2 sentences1994In Karahalios *217 v. Federal Employees (1989) 489 U.S. 527 [ 103 L.Ed.2d 539 , 109 S.Ct. 1282 ], for example, the United States Supreme Court reviewed the Vaca decision in the federal public sector context. 1994In Karahalios *217 v. Federal Employees (1989) 489 U.S. 527 [ 103 L.Ed.2d 539 , 109 S.Ct. 1282 ], for example, the United States Supreme Court reviewed the Vaca decision in the federal public sector context. | 1 | 1994–1994 |
San Diego Teachers Assn. v. Superior Court
green
2 sentences1980(San Diego Teachers Assn. v. Superior Court (1979) 24 Cal.3d 1 [ 154 Cal.Rptr. 893 , 593 P.2d 838 ]; Amador Valley Secondary Educators Assn. v. Newlin (1979) 88 Cal.App.3d 254 [ 151 Cal.Rptr. 725 ].) In San Diego Teachers Assn. v. Superior Court, supra, the California Supreme Court was called upon to resolve a dispute concerning the legality of a public employee strike. 1980(San Diego Teachers Assn. v. Superior Court (1979) 24 Cal.3d 1 [ 154 Cal.Rptr. 893 , 593 P.2d 838 ]; Amador Valley Secondary Educators Assn. v. Newlin (1979) 88 Cal.App.3d 254 [ 151 Cal.Rptr. 725 ].) In San Diego Teachers Assn. v. Superior Court, supra, the California Supreme Court was called upon to resolve a dispute concerning the legality of a public employee strike. | 1 | 1980–1980 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.