All notes for Subtopic 1100.05000 – Dismissal of Charge; Appeal

DecisionDescriptionPERC Vol.PERC IndexDate
2622E Cabrillo Community College District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Following Board review of a dismissal, the Board remanded the case to the Office of the General Counsel for issuance of a complaint. (p. 2, citing Cabrillo Community College District (2015) PERB Decision No. 2453.) Following a formal hearing, the ALJ dismissed the complaint. (p. 1.) Charging party’s exception that the ALJ improperly departed from the Board’s prior decision is misplaced. The Board made no conclusive factual findings in its earlier decision directing OGC to issue a complaint. (pp. 4-5.) Once OGC issued the complaint, it was incumbent upon charging party to prove the complaint allegations during the hearing. (p. 5.) more or view all topics or full text.
4312602/04/19
2622E Cabrillo Community College District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
On appeal of dismissal of an unfair practice charge, the Board’s inquiry is limited to the legal sufficiency of the charging party’s allegations, i.e. whether the factual allegations, if accepted as true, would state a prima facie violation. It does not determine whether a preponderance of the evidence will ultimately establish the factual allegations as true. (p. 4.) more or view all topics or full text.
4312602/04/19
2614E Los Rios Community College District and Los Rios College Federation of Teachers, Local 2279
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
On appeal of dismissal, charging party may present new allegations or evidence if they were not available before the charge was dismissed. more or view all topics or full text.
4310512/21/18
2614E Los Rios Community College District and Los Rios College Federation of Teachers, Local 2279
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
The procedure for claiming error in the dismissal of an unfair practice charge is to appeal the dismissal to the Board itself, not to file a new unfair practice charge. more or view all topics or full text.
4310512/21/18
2614E Los Rios Community College District and Los Rios College Federation of Teachers, Local 2279
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Only the charging party has standing to appeal the dismissal of an unfair practice charge. more or view all topics or full text.
4310512/21/18
2614E Los Rios Community College District and Los Rios College Federation of Teachers, Local 2279
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Late filing of appeal may be excused in the discretion of the Board for good cause only, a standard which requires an affirmative showing of good cause for the late filing, as well as the absence of prejudice to the opposing party. more or view all topics or full text.
4310512/21/18
2548E Lake Elsinore Unified School District (Edwards)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Where Charging Party’s discrimination allegation turns on a matter of law outside PERB’s traditional expertise, i.e., whether the public school employer complied with state law and/or regulations governing certificated employee retirement credit, the appropriate question is not which of two competing interpretations of external law is the more plausible, but whether the language in dispute is reasonably susceptible to the charging party’s interpretation and whether that interpretation supports a viable, i.e., non-frivolous, legal theory of an unfair practice or other violation of a PERB-administered statute. Where the investigation of an unfair practice charge results in receipt of conflicting allegations of fact or contrary theories of law, fair proceedings, if not due process, demand that a complaint be issued and the matter be sent to formal hearing to test a novel theory or competing theories of law, so long as the theory advanced is “viable,” i.e. non-frivolous. The Board is necessarily cautious about rejecting allegations involving statutory, decisional, regulatory, or other authority outside PERB’s jurisdiction and special expertise in labor relations, particularly when the area of external law is itself unsettled. more or view all topics or full text.
4210202/02/18
2548E Lake Elsinore Unified School District (Edwards)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Although the charge relied extensively on the Education Code and other matters outside PERB’s jurisdiction, because it alleged that a public school district employer had denied charging party retirement or other employment benefits to which she was legally entitled because of her protected activity, the matter constitutes an unfair practice allegation within PERB’s legislatively designated field of expertise. (p. 12.) The Office of the General Counsel correctly determined that while PERB has no authority to enforce or order remedies for violations of the Education Code, the Board and its agents may interpret the provisions of the Education Code or other matters of external law where necessary to administer EERA or to harmonize it with external law. (pp. 11-12.) To avoid acting in excess of its authority, PERB has an obligation to determine whether it has jurisdiction over a dispute, regardless of whether the parties themselves have raised the issue. (p. 11.) more or view all topics or full text.
4210202/02/18
2532C Sonoma County Superior Court
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Under PERB Regulation 32320, subdivision (d), the Board has discretion whether to designate a decision resolving the appeal of a dismissal of an unfair practice charge precedential. The precedential designation is appropriate for a decision that overrules a prior Board decision. more or view all topics or full text.
42606/27/17
2530E Monterey Peninsula Unified School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
The Board will find good cause for charging party to present new supporting evidence on appeal when the information provided could not have been obtained through reasonable diligence prior to the Board agent’s dismissal of the charge. more or view all topics or full text.
42206/19/17
2530E Monterey Peninsula Unified School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
The Board agent’s failure to specifically address all of the information included in an amended charge is only grounds for reversal if the information assists the charging party in establishing a prima facie case. more or view all topics or full text.
42206/19/17
2522H Trustees of the California State University
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Where case file gave no indication that the domination and interference theory of liability alleged in the charge had been investigated or addressed in a warning letter, Board vacated the dismissal of that allegation and remanded to Office of the General Counsel for further investigation. PERB Regulations prohibit dismissal of any allegation without prior notice to the charging party. (PERB Reg. 32620, subd. (d).) (pp. 18-19.) more or view all topics or full text.
4115003/20/17
2522H Trustees of the California State University
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Although PERB Regulations place no limit on the number of times a charging party may amend its charge before a warning letter issues or before the charge is dismissed, they do not require an investigating Board agent to provide a separate warning letter for each successive amendment to a charge. If, following a warning letter that adequately identifies the deficiencies in a charge, subsequent amendments do not correct those deficiencies, dismissal is appropriate. (PERB Reg. 32620, subd. (d); 32621.) (p. 4.) more or view all topics or full text.
4115003/20/17
2514E Santa Ana Unified School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Even though it may contain other, extraneous and improper matters, where an appeal asserts various factual, legal and procedural errors, explains the grounds for reversal, and provides points and authorities in support of its arguments, the filing substantially complies with the requirement that an appeal “place the Board and the respondent on notice of the issues,” by identifying the substance of the Dismissal and the specific errors of fact, law, or application of law to fact which she claims warrant reversal. (PERB Reg. 32635, subd. (a).) (p. 19.) more or view all topics or full text.
4113202/08/17
2514E Santa Ana Unified School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Unlike most PERB failure to prosecute cases, in which the charging party fails or refuses to attend or participate in a duly noticed hearing, in this case, the complaint was dismissed without hearing based on a pre-hearing motion. Because the matter was dismissed without hearing, the Board applied the standard governing the pre-complaint investigation of an unfair charge to consideration of pre-hearing motions to dismiss. Although designated as “exceptions” to a proposed decision, the charging party’s filing, which substantially complied with the requirements of PERB Regulation 32635, subdivision (a), was treated as an appeal from dismissal. (pp. 2, 28.) more or view all topics or full text.
4113202/08/17
A437H Regents of the University of California and Teamsters Clerical, Local 2010 (Polk)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
The indefinite and continuing nature of charging party’s requests for extensions of time to appeal the dismissal of her unfair practice charges would fundamentally alter the nature of PERB’s unfair practice proceedings. PERB affords parties to an unfair practice charge a relatively user-friendly administrative process for adjudication of labor disputes. The expectation is that unfair practice charges are handled as expeditiously as possible at both the case processing and administrative appellate stages. Especially in a case where the Office of the General Counsel has dismissed an unfair practice charge after conducting an investigation and concluding that a prima facie case has not been established by the allegations of the charge, it is imperative that any appeal from dismissal be handled as promptly as possible. The Board denied charging party’s appeal from the Appeals Assistant’s administrative determination denying her a fifth extension of time. more or view all topics or full text.
4017705/09/16
A438E Pomona Unified School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
PERB Regulation 32130 governs the computation of time for filings. Subdivision (a) states that the period of time begins to run the day after the act or occurrence referenced. Subdivision (b) states that when the last day to file a document falls on a Saturday, Sunday or holiday, the time period is extended to the next regular PERB business day. Subsection (c) provides an additional five days to any filing made in response to documents served by mail. Because the initial due date included in the letter from the Appeals Assistant fell on a Saturday, because the letter was served on Charging Party by mail, and because the due date factoring in the 5-day extension also fell on a Saturday, Charging Party’s appeal was timely. more or view all topics or full text.
4019006/09/16
2453E Cabrillo Community College District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Where the investigation results in receipt of conflicting allegations of fact or contrary theories of law, fair proceedings, if not due process, demand that a complaint be issued and the matter be sent to formal hearing. The Board has construed this precept to mean that a complaint should issue to test viable competing theories of law. more or view all topics or full text.
405709/17/15
2298M Salinas Valley Memorial Healthcare System
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
This case is an appeal from a dismissal and refusal to issue a complaint. Our inquiry at this stage is focused solely on the sufficiency of union’s allegations. We test union’s allegations against the legal standards for a violation of the MMBA, not against contrary allegations of the Hospital even where those contrary allegations may be more persuasively stated. We do not resolve conflicting allegations. Instead, we refer them to a hearing and ultimate resolution following findings by an administrative law judge. If the investigation results in conflicting allegations of fact or contrary theories of law, fair proceedings, if not due process, demand that a complaint be issued and the matter be sent to formal hearing. At the pleading stage, it is not up to the Board agent to judge the merits of the charging party’s dispute, but to leave the weighing of the evidence to the administrative law judge at a full evidentiary hearing. more or view all topics or full text.
12/20/12
2357E Claremont Unified School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
The Board may supplement a record of an appeal with new evidence for good cause. Where, after the charge was dismissed and deferred, the exclusive representative decided not to arbitrate some of charging party’s grievances, good cause existed for Board to consider the appropriateness of deferral, regardless of whether charging party had previously argued that point in his appeal. more or view all topics or full text.
3812802/21/14
2305S State of California (Department of Mental Health, Department of Developmental Services)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Appeal that, in large part, restates facts alleged in the charge, as amended, does not reference any portion of the dismissal or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which the appeal is taken, or the grounds for each issue, is subject to dismissal on that basis alone. more or view all topics or full text.
12/31/12
2278E San Bernardino City Unified School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Appeal that mainly reiterates allegations in the charge, but does not reference any particular portion of the dismissal or otherwise state the specific issues of procedure, fact, law or rationale to which the appeal is taken nor identify the page or part of the dismissal to which the appeal is taken or state the grounds is subject to dismissal on this ground alone. No good cause found to consider on appeal new allegations and supporting documents, where appeal provides no reason why new allegations and documents could not have been provided to the Office of the General Counsel during the processing of the charge. more or view all topics or full text.
07/11/12
2281M City of Berkeley
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Request for second extension of time to file appeal pending conclusion of proceedings before Equal Employment Opportunity Commission denied. more or view all topics or full text.
08/17/12
2265E Oxnard Union High School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Under PERB Regulation 32635, subdivision (a), the appeal must sufficiently place the Board and the respondent on notice of the issues raised on appeal; an appeal that merely reiterates facts alleged in the unfair practice charge, or does not reference the substance of the Board agent’s dismissal, fails to comply with PERB Regulation 32635, subdivision (a); where appeal consisted of a repaginated effective duplicate of the supplement to the amended charge and a letter asserting that the entire amended charge was the basis for the appeal, and failed to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal was taken, the page or part of the dismissal to which the appeal was taken, or the ground for each issue stated, the appeal was subject to dismissal. more or view all topics or full text.
05/25/12
2266E Oxnard Federation of Teachers (Collins)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Under PERB Regulation 32635, subdivision (a), the appeal must sufficiently place the Board and the respondent on notice of the issues raised on appeal; an appeal that merely reiterates facts alleged in the unfair practice charge, or does not reference the substance of the Board agent’s dismissal, fails to comply with PERB Regulation 32635, subdivision (a); where appeal consisted of a repaginated effective duplicate of the supplement to the amended charge and a letter asserting that the entire amended charge was the basis for the appeal, and failed to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal was taken, the page or part of the dismissal to which the appeal was taken, or the ground for each issue stated, the appeal was subject to dismissal. more or view all topics or full text.
05/25/12
2275E Service Employees International Union Local 1021 (Harris)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Under PERB Regulation 32635, subdivision (a), the appeal must sufficiently place the Board and the respondent on notice of the issues raised on appeal; an appeal that merely reiterates facts alleged in the unfair practice charge, or does not reference the substance of the Board agent’s dismissal, fails to comply with PERB Regulation 32635, subdivision (a); where appeal reiterates allegations in the charge concerning charging party’s dispute with his employer and his dissatisfaction with the union relative to that dispute but failed to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal was taken, the page or part of the dismissal to which the appeal was taken, or the ground for each issue stated, the appeal was subject to dismissal. more or view all topics or full text.
06/26/12
2256E Barstow College Faculty Association (Cauble)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Under PERB Regulation 32635, subdivision (a), the appeal must sufficiently place the Board and the respondent on notice of the issues raised on appeal; an appeal that merely reiterates facts alleged in the unfair practice charge, or does not reference the substance of the Board agent’s dismissal, fails to comply with PERB Regulation 32635, subdivision (a); where appeal failed to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal was taken, the page or part of the dismissal to which the appeal was taken, or the ground for each issue stated, the appeal was subject to dismissal; unless good cause is shown, a charging party may not present on appeal new charge allegations or new supporting evidence under PERB Regulation 32635, subdivision (b); no good cause to consider on appeal new allegations or new supporting evidence where dates of events alleged for the first time on appeal predate the dismissal of the charge and appeal provides no reason why these allegations could not have been included in the original or amended charges and why the new supporting evidence could not have been provided to the Board agent during the processing of the charge. more or view all topics or full text.
3616704/25/12
2259E Beaumont Teachers Association/California Teachers Association (Grace)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Under PERB Regulation 32635, subdivision (a), the appeal must sufficiently place the Board and the respondent on notice of the issues raised on appeal; an appeal that merely reiterates facts alleged in the unfair practice charge, or does not reference the substance of the Board agent’s dismissal, fails to comply with PERB Regulation 32635, subdivision (a); where appeal reiterated allegations in the charge and advanced no argument on appeal that was not considered and addressed by the Board agent, repeating almost verbatim text from a document attached to the amended charge, the appeal was subject to dismissal. more or view all topics or full text.
3617104/26/12
2260E Beaumont Teachers Association/California Teachers Association (Grace)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Under PERB Regulation 32635, subdivision (a), the appeal must sufficiently place the Board and the respondent on notice of the issues raised on appeal; an appeal that merely reiterates facts alleged in the unfair practice charge, or does not reference the substance of the Board agent’s dismissal, fails to comply with PERB Regulation 32635, subdivision (a); where appeal reiterated allegations in the charge and advanced no argument on appeal that was not considered and addressed by the Board agent, repeating almost verbatim text from a document attached to the amended charge, the appeal was subject to dismissal. more or view all topics or full text.
3617204/26/12
2226C Operating Engineers Local 3 (Williams)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Under PERB Regulation 32635, subdivision (a), the appeal must sufficiently place the Board and the respondent on notice of the issues raised on appeal; an appeal that merely reiterates facts alleged in the unfair practice charge, or does not reference the substance of the Board agent’s dismissal, fails to comply with PERB Regulation 32635, subdivision (a); where appeal failed to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal was taken, the page or part of the dismissal to which the appeal was taken, or the ground for each issue stated, the appeal was subject to dismissal; unless good cause is shown, a charging party may not present on appeal new charge allegations or new supporting evidence under PERB Regulation 32635, subdivision (b); where no reason was given for including new allegations in appeal rather than in charge or amended charge, good cause was not shown. more or view all topics or full text.
369312/09/11
2223E Baldwin Park Education Association (Hayek, et al.)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Unless good cause is shown, a charging party may not present on appeal new charge allegations or new supporting evidence under PERB Regulation 32635, subdivision (b); where charging party failed to present additional information to the Board agent at the charge processing stage of the proceedings, as specifically requested in the warning letter, because she was instead planning to present it when her case was heard, good cause was not shown. more or view all topics or full text.
369011/30/11
2301C Los Angeles Superior Court
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Charging party failed to establish sufficient grounds for overturning Board agent’s dismissal of charge for failure to comply with requirements of PERB Regulation 32615(c) requiring service of unfair practice charge on respondent and filing of proof of service with PERB. Charging party provided no explanation for her failure to respond to Board agent’s repeated inquiries prior to dismissal of charge, and failed to provide clear evidence of a valid proof of service. more or view all topics or full text.
12/21/12
2215M Service Employees International Union, Local 1021 (Warren)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Appeal that merely restates facts alleged in charge but fails to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which the appeal is taken, or the grounds for each issue, is subject to dismissal on that basis alone; no good cause to consider new factual allegations provided for the first time on appeal that predate dismissal letter where no reason provided why they could not have been alleged in the charge; charging party is free to supplement the appeal during the 20-day timeframe for filing an appeal set forth in PERB Regulation 32635, subdivision (a); an addendum filed after the 20-day period has expired is untimely unless there is good cause to excuse the late filing under PERB Regulation 32136; no good cause to excuse a late-filed letter executed by a witness for charging party where the reason for the late filing was that the charging party and the witness had lost touch; filing the letter a month after it was executed does not demonstrate a conscientious effort to comply in a timely fashion. more or view all topics or full text.
367711/09/11
A392M Stanislaus Consolidated Fire Protection District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board did not find good cause to excuse respondent’s late-filed response to the appeal from the partial dismissal of the unfair practice charge under PERB Regulation 32136 where respondent filed its response eight days late and failed to supply the Board with any reasons for its late filing, thus depriving the Board the opportunity to determine whether the respondent made an honest mistake or whether the delay resulted from circumstances beyond respondent’s control or excusable misinformation for purposes of evaluating whether respondent made a conscientious effort to timely file; Board will not find good cause to excuse a late filing based on lack of prejudice alone where the Board is unable to determine whether respondent’s reasons for the late filing were reasonable and credible. more or view all topics or full text.
3610801/19/12
A393E Santa Monica Community College District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board found good cause to excuse respondent’s late-filed response to the appeal from the dismissal of the unfair practice charge under PERB Regulation 32136 where respondent’s response to the appeal was prepared in a timely fashion, respondent made a conscientious effort to timely file, respondent filed timely at a PERB regional office but due to a secretarial error failed to file at PERB headquarters, respondent corrected the filing defect immediately upon discovery, the charging party did not file a response to the administrative appeal, and there was no prejudice to charging party by the late filing. more or view all topics or full text.
3613402/29/12
A394M Stanislaus Consolidated Fire Protection District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board denied respondent’s request for extension of time to file request for reconsideration where respondent filed the request for extension of time four days after it was due under PERB Regulation 32132, subdivision (a), and one day after the request for reconsideration was due; these circumstances do not demonstrate that the respondent made a conscientious effort to timely file and therefore good cause to excuse the late-filed request for extension of time was not found to exist. more or view all topics or full text.
3618605/23/12
2289E Palos Verdes Faculty Association (Stever)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Good cause to consider new evidence on appeal not established, where documents predate dismissal letter and appeal provides no reason why these documents and factual allegations could not have been included in the original charge or in the amended charge. more or view all topics or full text.
10/15/12
2227M County of Ventura (Office of Agricultural Commissioner)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
No good cause found to consider new evidence on appeal concerning interpretation of collective bargaining agreement, where no evidence of good cause for failure to provide evidence to Board agent at charge processing stage. more or view all topics or full text.
369612/21/11
A391M City and County of San Francisco
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Good cause found under PERB Regulation 32136 for accepting late-filed appeal from dismissal of charge, where delay in filing was caused by circumstances beyond charging party’s control. Charging party timely mailed appeal, but the United States Postal Service inexplicably returned envelope with the notation “no such number” and respondent was not prejudiced by the delay. No good cause found to consider new evidence on appeal, where charging party failed to provide reason why evidence could not have been presented with charge or amended charge. more or view all topics or full text.
368111/09/11
2286S American Federation of State, County, and Municipal Employees, Local 2620 (McGuire)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Appeal that merely restates facts alleged in original charge but failed to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or the grounds for each issue, is subject to dismissal. No good cause to consider new factual allegations provided for the first time on appeal that all predate dismissal letter, where no reason provided why they could not have been alleged in the original charge or in an amended charge. more or view all topics or full text.
09/24/12
2274E Fillmore Unified Teachers Association (Hood)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Good cause to consider new evidence on appeal not established, where documents predate dismissal letter and appeal provides no reason why these documents and factual allegations could not have been included in the original charge or in the amended charge. more or view all topics or full text.
06/22/12
2270E Centinela Valley Union High School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Appeal filed “in order to exhaust administrative remedies” that specifically states that charging party does not dispute Regional Attorney’s findings, and fails to state the specific issues of procedure, fact, law or rationale to which the appeal is taken, fails to comply with requirements of PERB Regulation 32635(a). Given that charging party has not objected to any of the findings set forth in the dismissal, Board has no basis upon which to review the merits of the dismissal. more or view all topics or full text.
06/07/12
2258M County of San Diego
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Appeal that merely restates facts alleged in original charge but fails to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or the grounds for each issue, is subject to dismissal. No good cause to consider new factual allegations provided for the first time on appeal that all predate dismissal letter, where no reason provided why they could not have been alleged in the original charge or in an amended charge. more or view all topics or full text.
3616904/26/12
2240E California School Employees Association (Erwin)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Appeal that merely restates facts alleged in original charge but failed to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or the grounds for each issue, is subject to dismissal. No good cause to consider new factual allegations provided for the first time on appeal that all predate dismissal letter, where no reason provided why they could not have been alleged in the original charge or in an amended charge. more or view all topics or full text.
3612702/24/12
2224E California School Employees Association (Milner)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Appeal that merely restates facts alleged in original charge but failed to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or the grounds for each issue, is subject to dismissal. No good cause to consider new factual allegations provided for the first time on appeal that all predate dismissal letter, where no reason provided why they could not have been alleged in the original charge or in the amended charge. more or view all topics or full text.
369111/30/11
2225M Service Employees International Union Local 1021 (Joshua)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
No good cause to consider new factual allegations provided for the first time on appeal where no reason provided why they could not have been alleged in the original charge or in an amended charge. more or view all topics or full text.
369211/30/11
2228M County of Riverside
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Pursuant to PERB Regulation 32635(a), an appeal of a dismissal must sufficiently place the Board and the respondent on notice of the issues raised on appeal. In this case, RCAA’s appeal did not state the specific issues of procedure, fact, law or rational to which the appeal is taken, identify the page or part of the dismissal to which each appeal is taken, nor did it state the grounds for each issue stated. Thus, RCAA’s appeal did not comply with the requirements of PERB Regulation 32635(a). more or view all topics or full text.
369712/21/11
2220E California School Employees Association and its Chapter 724 (Walker)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Appeal that fails to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or the grounds for each issue, is subject to dismissal pursuant to PERB Regulation 32635(a). more or view all topics or full text.
368411/16/11
2208E California School Employees Association and its Chapter 724 (Davis)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
To satisfy the requirements of PERB Regulation 32635(a), the appeal must sufficiently place the Board “on notice of the issues raised on appeal.” Appeal that merely restates facts alleged in the original charge, but fails to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or grounds for each issue, is subject to dismissal. No good cause exists to consider documents presented for the first time on appeal that are either undated or bear dates that predate the dismissal of the charge, where appeal provides no reason why they could not have been alleged in the original charge or in an amended charge. more or view all topics or full text.
366110/06/11
2133E United Faculty of Grossmont-Cuyamaca Community College District (Tarvin)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Pursuant to PERB Regulation 32635(b) a charging party may not present on appeal new charge allegations or new supporting evidence absent a showing of good cause. The Board has found that good cause does not exist to consider new allegations on appeal when the evidence underlying the allegations was available to the charging party prior to the dismissal of the charge and the appeal fails to explain why the allegations could not have been made to the Board agent during the investigation. more or view all topics or full text.
3414009/21/10
2196S State of California (Department of Corrections and Rehabilitation, Avenal State Prison) * * * OVERRULED IN PART by County of Santa Clara (2013) PERB Decision No. 2321-M
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
To satisfy the requirements of PERB Regulation 32635(a), the appeal must sufficiently place the Board and the respondent “on notice of the issues raised on appeal.” Where arguments in support of appeal discuss the substance of the Board agent’s dismissal letter and make reference to specific pages of the letter, and respondent discussed the merits of those arguments in its response to the appeal, the appeal sufficiently put the Board and respondent on notice of the issues raised on appeal. more or view all topics or full text.
363008/12/11
2186M Service Employees International Union Local 521 (Chow)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
In computing the time period for filing an appeal from dismissal, a five-day extension of time applies to any filing made in response to documents served by mail. When the last day to perform an act falls on a Saturday, Sunday or holiday, the time period for filing is extended to the next business day. Where last day to file appeal following service of dismissal by mail fell on a State holiday, appeal filed the next business day was timely. Pursuant to PERB Regulation 32635(b), no good cause found to consider new allegations and evidence on appeal, where all of the dates of the events alleged for the first time on appeal predate the dismissal of the charge and the appeal provides no reason why they could not have been alleged in the original charge or in an amended charge. more or view all topics or full text.
36706/15/11
2187E California School Employees Association and its Chapter 746 (Perez)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
PERB has historically treated the filing of an amended charge after an unfair practice charge has been dismissed as an appeal from the dismissal of the charge. Where amended charge filed after dismissal of charge merely restates facts alleged in the original charge and fails to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or the grounds for each issue, it fails to comply with requirements for filing an appeal from dismissal under PERB Regulation 32635(a). Where appeal provides no reason why new allegations and evidence could not have been provided with the original charge or in a timely filed amended charge, Board finds no good cause to consider them on appeal. more or view all topics or full text.
36806/15/11
2174M County of Contra Costa
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
PERB Regulation 32635(b) prohibits a charging party from submitting new allegations and new supporting evidence on appeal absent good cause. In the absence of a showing as to why new allegations and evidence could not have been submitted previously to the Board agent, and because the new allegations and evidence predate the dismissal letter and therefore were known to charging party, Board does not find good cause to consider them on appeal. more or view all topics or full text.
356703/25/11
2175H California State University Employees Union, Service Employees International Union Local 2579 (Kyrias)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Pursuant to PERB Regulation 32635(b) “unless good cause is shown, a charging party may not present on appeal new allegations or new supporting evidence.” No good cause to consider new allegations raised on appeal when the alleged events predated the Board agent’s dismissal of the charge. more or view all topics or full text.
356803/25/11
2172M Service Employees International Union-United Healthcare Workers West (Scholink)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
The Board affirmed the dismissal of a charge which alleged that the charging party first learned of the alleged violation more than six months before the charge was filed. The Board rejected charging party’s claim on appeal that the discovery date alleged in the original charge was erroneous; charging party could have corrected the alleged mistake in his amended charge but did not do so. more or view all topics or full text.
356003/01/11
2110S State of California (Department of Veterans Affairs) * * * OVERRULED IN PART by County of Sacramento (2013) PERB Decision No. 2315-M
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
The Board may affirm a dismissal of an unfair practice charge on any ground supported by the record. more or view all topics or full text.
349006/01/10
1990E Los Rios College Federation of Teachers, Local 2279 (Deglow)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Charging parties are required to exercise due diligence in the prosecution of their unfair practice claims. An ALJ’s dismissal of a charging party’s complaint is appropriate when the charging party fails to exercise due diligence in pursuing his/her claim and fails to demonstrate good cause as to why the matter should not be dismissed. Such power is inherent in the authority of the ALJ to regulate the course and conduct of a hearing. more or view all topics or full text.
331211/26/08
2095H Coalition of University Employees (Hall)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Under PERB Regulation 32635(b), the Board may not consider new allegations or new supporting evidence raised for the first time on appeal unless the charging party establishes good cause. No good cause to consider allegation raised for the first time on appeal that employee organization breached its fiduciary duty by not seeking out-of-class pay for charging party when charging party knew of employee organization’s inaction prior to filing amended charge. more or view all topics or full text.
344302/04/10
2083M City of Brea
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Pursuant to PERB Regulation 32635(a), an appeal of a dismissal must state the specific issues of procedure, fact, law, or rationale to which the appeal is taken and must state the grounds for each issue stated. Charging party’s appeal consisted entirely of a letter stating in full: “Charging Party Derrick J. Coffman excepts to the dismissal of his charge and appeals said dismissal.” The Board dismissed the appeal for failure to comply with PERB Regulation 32635(a). more or view all topics or full text.
341512/09/09
2075M City and County of San Francisco
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Appeal complied with PERB Regulation 32635(a) because it sufficiently put the Board and the respondent on notice of the issues appealed. more or view all topics or full text.
3318611/04/09
2065M County of Riverside
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Under PERB Regulation 32635(b), the Board may not consider new allegations or new supporting evidence raised for the first time on appeal unless the charging party establishes good cause. No good cause to consider pay stubs submitted to PERB for the first time on appeal when the charging party had the documents prior to the Board agent’s dismissal of the charge. more or view all topics or full text.
3316209/25/09
2046E Alvord Educator's Association (Bussman)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Pursuant to PERB Regulation 32635(b) “unless good cause is shown, a charging party may not present on appeal new allegations or new supporting evidence.” Charging Party failed to demonstrate good cause as to why new claims that the union provided false information to PERB, and new details regarding the claim for violation of the duty of fair representation, were not included in the original or amended charge, and should be considered for the first time on appeal. more or view all topics or full text.
3312806/30/09
A381E United Teachers of Los Angeles
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Request for extension of time to file appeal and attached five copies of original statement of charge did not constitute an appeal pursuant to PERB Regulation 32635(a). more or view all topics or full text.
3316309/25/09
2023M County of San Bernardino (County Library)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board found good cause to excuse late filing of amended charge where charging party made a conscientious attempt to timely file amended charge, the amended charge was postmarked on the date due for filing as a result of honest error based on “misunderstood communications” between the charging party and the Board agent, and there was no evidence of prejudice resulting from the brief delay. A late filing may be excused at the discretion of the Board for good cause only. Once excused, the filing becomes timely (PERB Regulation 32135). more or view all topics or full text.
338505/12/09
2025M Service Employees International Union, United Healthcare Workers West (Rivera)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Under PERB Regulation 32635(b), the Board may not consider new allegations or supporting evidence raised for the first time on appeal unless the charging party establishes good cause. No good cause to consider new allegations raised on appeal when the information underlying the allegations could have been obtained through reasonable diligence prior to the Board agent’s dismissal of the charge. more or view all topics or full text.
339505/15/09
2028E California School Employees Association and its Chapter 379 (Dunn)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Under PERB Regulation 32635(b), the Board may not consider new allegations or new supporting evidence raised for the first time on appeal unless the charging party establishes good cause. No good cause to consider new allegations raised on appeal when the information underlying the allegations could have been obtained through reasonable diligence prior to the Board agent’s dismissal of the charge. more or view all topics or full text.
338905/27/09
2021E Alvord Unified School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Pursuant to PERB Regulation 32635(b) “unless good cause is shown, a charging party may not present on appeal new allegations or new supporting evidence.” Charging Party failed to demonstrate good cause as to why these matters should be considered for the first time on appeal. more or view all topics or full text.
337604/30/09
2013S State of California (Department of Personnel Administration)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
PERB Regulation 32635(b) did not bar the Board from considering equitable tolling argument raised for the first time on appeal. Charging party presented evidence of timeliness as part of its charge. Equitable tolling was merely a new legal argument based on the same evidence presented to the Board agent. Thus, the equitable tolling argument did not constitute a new allegation or new supporting evidence. more or view all topics or full text.
335703/13/09
2014M San Bernardino Public Employees Association (Coelho)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Pursuant to PERB Regulation 32635(a), an appeal of a dismissal must state the specific issues of procedure, fact, law, or rationale to which the appeal is taken and must state the grounds for each issue stated. Charging party’s appeal consisted entirely of a copy of the amended charge and a cover letter stating in full: “I am appealing the dismissal of my charge. Enclosed are 5 copies.” The Board dismissed the appeal for failure to comply with PERB Regulation 32635(a). more or view all topics or full text.
336903/23/09
1980E San Mateo County Community College District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Under PERB Regulation 32635(b), the Board may not consider new allegations or supporting evidence raised for the first time on appeal unless the charging party establishes good cause. No good cause to consider new allegations raised on appeal when the information underlying the allegations could have been obtained through reasonable diligence prior to the Board agent’s dismissal of the charge. Allegations based on events that occurred after the Board agent’s dismissal of the charge may only be raised in a new unfair practice charge. more or view all topics or full text.
3215310/17/08
1975M County of Merced
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Under PERB Regulation 32635(b), the Board may not consider new allegations or supporting evidence raised for the first time on appeal unless the charging party establishes good cause. No good cause to consider new allegations raised on appeal when the information underlying the allegations could have been obtained through reasonable diligence prior to the Board agent’s dismissal of the charge. more or view all topics or full text.
3213709/05/08
A374E Compton Unified School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Body’s request to file a late amended charge is treated as an appeal of the dismissal of the charge. (Regents of the University of California (2008) PERB Order No. Ad-370-H; Los Angeles Unified School District (2007) PERB Order No. Ad-368.) The excuse for an untimely filing must be reasonable and credible. (Barstow Unified School District (1996) PERB Order No. Ad-277.) Where a party provides no justification for their late filing, the Board is precluded from finding that good cause exists. (Coachella Valley Unified School District (1998) PERB Order No. Ad-292; State of California (Department of Insurance) (1997) PERB Order No. Ad-282-S.) Charging party has failed to provide justification in the form of reasonable or credible facts on which to find good cause for her late filing thus PERB is precluded from finding good cause to excuse it. more or view all topics or full text.
328305/16/08
1838M Sacramento Municipal Utility District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
An amendment to unfair practice charge must be timely filed. An amendment filed after a dismissal has issued is not timely. more or view all topics or full text.
3011705/10/06
A370H Regents of the University of California
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Charging party’s request to reopen the case to file a factual letter, which was submitted after the charge had been dismissed and after time to appeal the dismissal had elapsed, is treated as an appeal of the dismissal. Such appeal cannot be considered unless PERB exercises its jurisdiction under PERB Regulation 32136 to excuse the late filing for good cause. Where charging party’s factual letter, which PERB received subsequent to PERB’s dismissal of the charge, existed prior to the deadline to appeal the dismissal, employee organization’s claim that charging party’s trip out of the country and incapacitating sickness upon his return caused the late submission, where no dates for such trip incapacity were provided, failed to state good cause to excuse the late filing. Employee organization’s claim that charging party’s factual letter, submitted after PERB had dismissed charging party’s case, was filed late because employee organization’s president changed his employment and the handling of the charge was transferred to another steward, where no dates of those events were given and where the president did not leave his employment until the date the appeal of the dismissal was due, fails to excuse the late filing of the factual letter. Where steward knew on October 10, 2007, that charging party’s factual letter had not been included in a charge that had been dismissed by PERB, failure to file the letter as an appeal of the dismissal until 22 days after that knowledge precludes the Board from finding good cause for a late filing under PERB Regulation 32136. more or view all topics or full text.
324702/29/08
1937M City of Commerce
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
As good cause was not shown, the Board did not consider the association’s new charge allegations or new supporting evidence regarding the MOU grievance procedures and provisions on appeal.) (PERB Reg. 32635(b). more or view all topics or full text.
323301/11/08
1917M Service Employees International Union, Local 715 (Langlois-Dul, et al.)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Because the warning and dismissal letters were addressed to the wrong zip code, and allegedly never reached the charging party, the Board vacated the dismissal, restored the case to the status quo that existed immediately before the issuance of the warning letter, and remanded the case to the Office of the General Counsel for the re-issuance of the warning letter and for further investigation and processing. more or view all topics or full text.
3113408/02/07
1870H Regents of the University of California
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
A party may not amend a charge after the issuance of a dismissal letter unless the party shows that there was good cause for the late filing. The failure of union staff to obtain an extension during the union representative’s vacation is an insufficient reason to excuse the late filing. more or view all topics or full text.
313412/28/06
1872E Public Employees Union Local 1 (Pina)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
The attempted amendment of the charge after dismissal was untimely, as the charging party did not allege that there was good cause for the late filing. more or view all topics or full text.
313612/29/06
1855H Coalition of University Employees (Higgins)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Appeal must set forth the specific issues of procedure, fact, law or rationale to which appeal is taken. This includes identification of the page or part of the dismissal to which each appeal is taken and state the grounds for each issue. (PERB Reg. 32635.) more or view all topics or full text.
3015708/29/06
A351H California State University Employees Union, Service Employees International Union Local 2579, California State Employees Association (Sarca)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
A petition to compel the production of financial records is not an unfair practice charge. Rather, it is a statutory mechanism to compel compliance with the disclosure requirements for certain records. Once the records are produced, the responding party’s obligations have been fully discharged and the matter is properly dismissed. more or view all topics or full text.
308103/02/06
1806S State of California (Department of Corrections)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
ALJ’s sua sponte dismissal of charging party’s complaint appropriate where charging party failed to exercise due diligence (no action for 18 months) in pursuing his claim and failed to demonstrate good cause as to why the matter should not be dismissed. more or view all topics or full text.
304601/05/06
1776E Santa Ana Educators Association (O'Neil)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Remand is appropriate to permit further investigation at the request of general counsel. more or view all topics or full text.
30509/01/05
1779M City and County of San Francisco
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Remand is appropriate to permit further investigation at the request of General Counsel. more or view all topics or full text.
10/07/05
1783M County of Inyo * * * OVERRULED IN PART by County of Tulare (2020) PERB Decision No. 2697-M
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
The Board reversed the dismissal and found the Employer had stated a prima facie case of violation of the MMBA by the United Domestic Workers and directed a complaint to issue. Where union’s negotiator tried to circumvent employer’s negotiator contrary to the ground rules and refused to negotiate. more or view all topics or full text.
30811/07/05
1730E San Francisco Unified School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Deferral to arbitration is not appropriate in this matter. The party who asserts deferral as an affirmative defense must allege facts that evidence the three prongs required by Collyer Insulated Wire. Neither party has summarized or attached a copy of the current CBA provision alleged to have been violated and so it is impossible to determine if the grievance and charge cover the same subject. more or view all topics or full text.
294612/27/04
A338M Marin County Law Library
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Amendment to unfair practice charge must be timely filed. Amendment filed after dismissal has issued is not timely. Once dismissal has issued board agent no longer has jurisdiction and charge cannot be further amended. more or view all topics or full text.
2821107/02/04
1662E California Federation of Teachers (Malik)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
An appeal filed in response to a Board agent dismissal must include facts related to the who, what, when or how of the underlying charge. Without facts as to dates or conduct giving rise to the charge, the appeal cannot be considered. PERB Regulation 32635(a) requires that the appeal state the specific issues of procedure, fact, law or rationale, identify the page or part of the dismissal to which the appeal is taken and state the grounds for each issue included. more or view all topics or full text.
2820307/16/04
1653E Compton Community College District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
An appeal filed in response to a board agent dismissal must include facts related to the who, what, when or how of the underlying charge. Without facts as to dates or conduct giving rise to the charge the appeal cannot be considered. PERB regulation 32635(a) requires that the appeal state the specific issues of procedure, fact, law or rationale, identify the page or part of the dismissal to which the appeal is taken and state the grounds for each issue included. more or view all topics or full text.
2819206/30/04
1557E Chula Vista Elementary School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Failure to specifically discuss each allegation by the Board agent did not require reversal of the dismissal because the allegations, when treated as true did not state a prima facie case. Use of respondent’s facts where not in conflict with charging party’s allegations is proper. more or view all topics or full text.
281411/20/03
1486E Lodi Unified School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Absent showing of good cause, new allegations or evidence will not be considered on appeal from dismissal of charge; No good cause shown here for acceptance of new allegations or evidence on appeal. more or view all topics or full text.
263309606/28/02
1487E California School Employees Association and its Chapter 77 (Vincelet)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Charging party’s new evidence was not considered by the Board because she failed to show good cause or any rationale why it hadn’t been presented to the Board agent. more or view all topics or full text.
263309706/28/02
1502E Sacramento City Unified School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board refused to consider new documents on appeal where charging party failed to demonstrate any good cause because they simply add detail to allegations rejected as untimely, no indication they could not have been obtained through reasonable diligence prior to the dismissal. more or view all topics or full text.
27511/01/02
1503E Sacramento City Teachers Association (Ferreira)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board refused to consider new documents on appeal where charging party failed to demonstrate any good cause because they simply add detail to allegations rejected as untimely, no indication they could not have been obtained through reasonable diligence prior to the dismissal. more or view all topics or full text.
27611/01/02
1603E Shasta College Faculty Association (Sloan)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Charging party’s argument on appeal that he did not receive enough time to file an amended charge rejected where charging party received one extension and failed to request additional time. more or view all topics or full text.
289002/25/04
1571E Fremont Unified School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Charging party may not, without good cause, present new evidence or new allegations on appeal of a dismissal. more or view all topics or full text.
283812/24/03
1467Ea San Diego Community College District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Formal hearing not required because the sole issue was whether District conduct violated EERA, an issue of law. more or view all topics or full text.
275504/18/03
1377E Los Angeles Community College District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Where amended charge does not address an allegation found insufficient in the warning letter, the allegation is dismissed. more or view all topics or full text.
243106202/28/00
A145S State of California (Developmental Services) (Dixon)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
ALJ commits error by relying on confidential information given to regional attorney in denying motion to defer to arbitration. The ALJ cannot rely on any information not contained in the public record. more or view all topics or full text.
91611504/11/85
1202S State of California (State Teachers Retirement System (Ramirez and Roberts)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Regulation 32635(b) requires the charging party to show good cause for submitting new evidence and allegations for the first time on appeal, or it will not be considered by the Board; p. 2. more or view all topics or full text.
212810906/04/97
1203S State of California (Prison Industry Authority)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
If charging party does not correct misinterpretations expressed in the warning letter, it cannot do so on appeal. If they are raised on appeal, they will be treated as "new charge allegations" and not considered by the Board unless good cause for submitting the allegations for the first time on appeal is shown. more or view all topics or full text.
212811506/18/97
1205S State of California (Department of Health Services)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Regulation 32635(b); If charging party offers new evidence for the first time on appeal, it will not be considered by the Board unless good cause is shown. more or view all topics or full text.
212811706/19/97
1123E Lodi Education Association (Casey)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Compliance with Regulation 32635(a), governing the appeal of the dismissal of an unfair practice charge, is required to afford the respondent and the Board with an adequate opportunity to address the issues raised, and noncompliance with this requirement warrants dismissal of the appeal; p. 2. more or view all topics or full text.
202700511/08/95
1124E Lodi Education Association (Hudock)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Compliance with Regulation 32635(a), governing the appeal of the dismissal of an unfair practice charge, is required to afford the respondent and the Board with an adequate opportunity to address the issues raised, and noncompliance with this requirement warrants dismissal of the appeal; p. 2. more or view all topics or full text.
202700611/08/95
1084E San Francisco Community College District Federation of Teachers (Kidd and Hendricks)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
It is unnecessary and inappropriate for the Board to consider Charging Party's arguments which respond to Respondent's statements to the Board agent during the investigation because statement is properly excluded from the Board's record and it was not addressed in the warning and dismissal letters. more or view all topics or full text.
192605202/21/95
0951H California Faculty Association (Shvyrkov)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board rejected charging party's argument that there were inconsistencies in the Board agent's dismissal. Board found the Board agent was attemping to cover all possible facts and conclusions by asserting alternative arguments; p. 4. more or view all topics or full text.
162314109/04/92
0952E Sacramento City Unified School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
32635(b) provides that new charge allegations or supporting evidence may not be presented on appeal without showing good cause. Here the evidence presented dealt with events which occurred after the dismissal. Charging party may file a new charge including this evidence. more or view all topics or full text.
162315209/10/92
0953E California School Employees Association (Kotch)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board addresses appeal where proof of service defective but no prejudice to opposing party; p. 2. more or view all topics or full text.
162316310/05/92
0901E San Diego Unified School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board summarily affirms Board agent's dismissal of charge, finding it free of prejudicial error. more or view all topics or full text.
152215309/19/91
0892E American Federation of Teachers Guild (Early)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board rejects appeal of dismissal of a charge on the grounds that it fails to comport with Regulation 32635 as it lacks specificity of issues on appeal, fails to identify specific portions of the dismissal being appealed, and contains no grounds for appeal. more or view all topics or full text.
152211907/03/91
0883E Lodi Unified School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board affirms dismissal of unilateral change allegation, where district conduct in accord with parties agreement and current practice. Where Board agent did not decide the merits of a factual dispute, but merely interpreted unambiguous contract language, Board agent was not in excess of his authority under Eastside Union School District (1984) PERB Decision No. 466. more or view all topics or full text.
152209505/30/91
0861E Perris Union High School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board summarily affirms Board agent's dismissal of charge, finding it free of prejudicial error; p. 1. more or view all topics or full text.
152201812/20/90
0853H California State University (Jenkins)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Charging party failed to allege sufficient facts to satisfy the "good cause" standard required under PERB Regulation 32635(b) for presenting, on appeal, new supporting evidence that was not alleged in the original or amended charges; p. 9. more or view all topics or full text.
152200012/05/90
0846E United Teachers - Los Angeles (Glickberg)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board dismisses appeal which is insufficient under PERB Regulation section 32635, where it does not identify portions of the dismissal challenged nor indicate grounds for appeal. more or view all topics or full text.
142120410/30/90
0847E Los Angeles Community College District (Hoodye)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board denies appeal for failure to comply with PERB Regulation 32635 as it does not identify which portions of the dismissal are challenged, nor does it indicate the grounds for the appeal. more or view all topics or full text.
142120510/30/90
0837E Sanger Unified School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Remand at the request of general counsel is appropriate to permit further investigation. more or view all topics or full text.
142117409/11/90
0827E Oakland Education Association (Baker)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Appeal of dismissal rejected for failure to comply with regulation governing appeals, in that appeal failed to indicate what portions of dismissal were being challenged or the grounds for such challenge; p. 2. more or view all topics or full text.
142114407/10/90
0819S California State Employees Association (Miller)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Charge properly dismissed where no facts to allege union's maintenance of membership requirements had a substantial impact on the employment relationship or that the requirements were applied discriminatorily; p. 4. more or view all topics or full text.
142113106/25/90
0809E California School Employees Association-Chapter #302 (Lauer)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Remand is appropriate to permit further investigation at the request of general counsel. more or view all topics or full text.
142111306/04/90
0735H University of California Los Angeles Labor Relations Division (Napier’s Employment Security Agency)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Charge will be dismissed where filed outside the six month limitation and will not be equitably tolled where established grievance procedure not invoked; p. 4, regional attorney letter. more or view all topics or full text.
132009505/04/89
0737E Los Angeles Unified School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Dismissal of charge for deferral to arbitration will be without prejudice where charging party alleges no facts indicating a refusal to arbitrate by the district; pp. 3-4, regional attorney letter. more or view all topics or full text.
132011005/24/89
0738E United Teachers - Los Angeles (Abboud, et al.)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Request for affirmance of Board agent's dismissal by filing exceptions without stating the issues as to which appeal is taken resulted in dismissal by the Board itself; p. 2. more or view all topics or full text.
132012006/08/89
0733S California State Employees Association (Parisi)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
A motion to dismiss is treated as a Motion for Summary Judgment and will be granted where any issue proven is fatal to a complaint. CSEA had no duty to represent the charging party before the SPB; pp. 7-8. more or view all topics or full text.
132009305/03/89
0717E Klamath-Trinity Joint Unified School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
In deciding whether to dismiss an unfair practice charge on the ground that it fails to state a prima facie violation, all essential facts alleged in the charge must be assumed to be true. more or view all topics or full text.
132002912/30/88
0568S California State Employees Association (Morrow)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Remand appropriate at General Counsel's request to review dismissal of charge. more or view all topics or full text.
101708204/18/86
0562Ea Riverside Unified School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Even though appeal filed prematurely, Board held that dismissal improper due to charging party's pro per status. more or view all topics or full text.
101710305/16/86
2485E Petaluma City Elementary School District/Joint Union High School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
An unfair practice charge should not be dismissed without a hearing, based on an affirmative defense not raised during the investigation of the charge. p. 52. more or view all topics or full text.
412306/30/16
A439S Service Employees International Union, Local 1000 (Mykles)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
An exclusive representative appealed from an administrative determination that it had not complied with the time limits set forth in PERB regulations for filing its opposition to an appeal from dismissal of an unfair practice charge brought by an employee against the representative. Because charging party’s appeal from the dismissal of his unfair practice charge was addressed in a non-precedential decision, the Board issued a separate, precedential decision summarily denying the representative’s appeal from an administrative determination as moot. more or view all topics or full text.
41206/16/16
1950M IBEW Local 1245 (Neronha)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Appeal must set forth the specific issues of procedure, fact, law or rationale to which appeal is taken. This includes stating the grounds for each issue. (PERB Reg. 32635.) more or view all topics or full text.
326203/28/08
1752M Contra Costa County Health Services Department
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Appeal must set forth the specific issues of procedure, fact, law or rationale to which appeal is taken. This includes identification of the page or part of the dismissal to which each appeal is taken and state the grounds for each issue. (PERB Reg. 32635.) more or view all topics or full text.
299302/11/05
0524H Regents of the University of California (Printing Trades Alliance)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Dismissal appropriate where ALJ conditioned last in a series of continuances, requested for purposes of settlement, on the parties' appearance on a set date or withdrawal of the charge. Failure to meet condition resulted in dismissal. more or view all topics or full text.
91621509/25/85
0475E Escondido Union School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Dismissal with leave to amend proper where regional attorney may have misled charging party as to adequacy of charge; pp. 6-7. more or view all topics or full text.
91605212/31/84
0464E Los Angeles Unified School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Charge properly dismissed where charging party refused to appear at hearings, absent, inter alia, assurances that hearings would proceed in his designated order and where, despite failing to request continuances, party failed to appear at subsequent hearings set for his benefit. Dismissal proper where charging party refuses to prosecute. more or view all topics or full text.
91603512/18/84
0466E Eastside Union School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board agent may not rely on a party's ex parte representation of facts to support dismissal of charge; Board agent not empowered to rule on the merits of the charge more or view all topics or full text.
91603712/19/84
0362H Regents of the University of California (California State Employees Association)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Dismissed for failure to state prima facie case under HEERA. Breach of a settlement agreement alone does not violate HEERA. Charging party failed to allege nexus (retaliation or interference) between employer's conduct and employee's exercise of HEERA rights. more or view all topics or full text.
81500212/07/83
0302S State of California (Department of General Services)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
As the unfair practice charge alleged significant unilateral changes during election campaign, Board concluded that change should not have been dismissed and ordered that a complaint issue; pp. 6-7. more or view all topics or full text.
71413204/08/83
0284E Shasta Union High School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board affirms Regional Attorney's dismissal of alleged section 3543.5(a) and 3543.6(b) violations as no facts alleged that respondents were acting on behalf of employer or as a group of employees; pp. 3-4, regional attorney letter. more or view all topics or full text.
71406802/14/83
0990S State of California (Department of Developmental Services)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board dismisses appeal which is insufficient under PERB Regulation section 32635(a), where it does not identify portions of the dismissal challenged nor indicate grounds for appeal. more or view all topics or full text.
172408004/20/93
0945E California School Employees Association (Flannagan)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board dismisses appeal which is insufficient under PERB Regulation section 32635(a), where it does not identify portions of the dismissal challenged nor indicate grounds for appeal. more or view all topics or full text.
162309906/24/92
0939S State of California (Department of Transportation)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board dismisses appeal which is insufficient under PERB Regulation section 32635(a), where it does not identify portions of the dismissal challenged nor indicate grounds for appeal. Board dismisses appeal which is insufficient under PERB Regulation 32635(b), where no good cause shown for Board's consideration of new charge allegations and new supporting evidence. more or view all topics or full text.
162308906/10/92
0940S State of California (Department of Transportation)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board dismisses appeal which is insufficient under PERB Regulation section 32635(a), where it does not identify portions of the dismissal challenged nor indicated grounds for appeal. Board dismisses appeal which is insufficient under PERB Regulation 32635(b), where no good cause shown for Board's consideration of new charge allegations and new supporting evidence. more or view all topics or full text.
162309006/10/92
0941S International Union of Operating Engineers, Local 12, Public Services Division (Myers)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board dismisses appeal which is insufficient under PERB Regulation section 32635(a), where it does not identify portions of the dismissal challenged nor indicate grounds for appeal. Board dismisses appeal which is insufficient under PERB Regulation 32635(b), where no good cause shown for Board's consideration of new charge allegations and new supporting evidence. more or view all topics or full text.
162309106/10/92
0942S California State Employees Association (Myers)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board dismisses appeal which is insufficient under PERB Regulation section 32635(a), where it does not identify portions of the dismissal challenged nor indicate grounds for appeal. Board dismisses appeal which is insufficient under PERB Regulation 32635(b), where no good cause shown for Board's consideration of new charge allegations and new supporting evidence. more or view all topics or full text.
162309206/10/92
0935Ea Lindsay Teachers Association (Gonzalez)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Failure of a charging party to comply with Board regulations governing unfair practice proceedings cannot be cited in support of the contention that the unfair practice charge allegations were not fully considered by a Board agent; p. 3. more or view all topics or full text.
162311407/16/92
0936Ea Lindsay Unified School District
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Failure of a charging party to comply with Board regulations governing unfair practice proceedings cannot be cited in support of the contention that the unfair practice charge allegations were not fully considered by a Board agent; p. 3. more or view all topics or full text.
162311507/16/92
0925E California School Employees Association (LaFountain)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board affirms dismissal of charge, finding allegations not stated in charge or amended charge constituted new charge allegations or new supporting evidence within the meaning of PERB Regulation section 32635(b), and therefore could not be considered without a showing of good cause. more or view all topics or full text.
162304903/10/92
0916S State of California (Department of Personnel Administration) (International Union of Operating Engineers Local 39)
1100.5000: CASE PROCESSING PROCEDURES; CHARGE; Dismissal of Charge; Appeal
Board affirms partial dismissal of charge that DPA failed to bargain in good faith by making a last, best and final offer after being informed Board had issued complaint against DPA based on failure to provide information. more or view all topics or full text.
162302001/02/92