All notes for Subtopic 1100.08000 – Pleading Requirements

DecisionDescriptionPERC Vol.PERC IndexDate
2622E Cabrillo Community College District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
At the charge investigation stage, the charging party’s burden is not to produce evidence, but merely to allege facts that, if proven true in a subsequent hearing, would state a prima facie violation. (p. 4.) more or view all topics or full text.
4312602/04/19
2563E Napa Valley Community College District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Conclusory allegations without supporting facts are insufficient to establish a prima facie case. more or view all topics or full text.
4215405/25/18
2548E Lake Elsinore Unified School District (Edwards)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
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)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
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
2530E Monterey Peninsula Unified School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Wholly speculative allegations are insufficient to support issuance of a complaint. more or view all topics or full text.
42206/19/17
2522H Trustees of the California State University
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
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
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
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
2505M City of Roseville
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
As a general rule, a complaint alleging surface bargaining need identify only those factual allegations that, in the opinion of the Office of the General Counsel, are sufficient to state a prima facie case, while other facts, which are probative of the respondent’s conduct or state of mind during negotiations and which were alleged in the charge, may be established through competent evidence at hearing and appropriately considered, without amending the complaint. (p. 15.) more or view all topics or full text.
419711/30/16
2505M City of Roseville
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Where conduct allegedly constitutes both evidence of the respondent’s bad faith and a separate unfair practice, the essential facts for each theory of liability should be stated in the complaint and identified as separate unfair practices. A respondent is entitled to notice of the issues in dispute, so that it can preserve documents and secure witnesses, or expect repose as to those unfair practice allegations that are dismissed, withdrawn, abandoned or otherwise disposed of during the Office of the General Counsel’s investigation. (PERB Regs. 32620, subd. (c), 32630, 32640, subds. (a), (b).) Identifying the essential factual allegations and the theories of liability in a complaint is necessary to provide adequate notice and ensure a full and fair adjudication of the issues, including an opportunity for the respondent to raise any affirmative defenses specific to each theory of liability. (pp. 15-16.) more or view all topics or full text.
419711/30/16
2505M City of Roseville
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Although a charge must include a clear and concise statement of the facts and conduct alleged to constitute an unfair practice (PERB Reg. 32615, subd. (a)(5)), a complaint alleging surface bargaining need not list every possible indicator of bad faith that may be presented at the hearing. Under PERB’s fact pleading standard, the charging party must include the essential facts (often described as the “who, what, when, where and how” of the charge) with sufficient specificity to permit the Board agent to determine whether “the facts as alleged in the charge state a legal cause of action and [whether] the charging party is capable of providing admissible evidence in support of the allegations.” However, PERB does not require the charging party to identify or provide all of its evidence in the charge. (pp. 12-13.) more or view all topics or full text.
419711/30/16
2505M City of Roseville
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
A surface bargaining complaint complies with PERB Regulations and decisional law when it alleges that, by the totality of its conduct, “including but not limited to,” the specific conduct described in the complaint, the respondent has failed and refused to meet and confer in good faith. Notwithstanding the phrase “including but not limited to” or similar language, the complaint identifies the specific acts or indicia that are sufficient to state a prima facie case, while also giving the respondent notice that, under PERB’s totality of conduct test, the specific acts or indicia described in the complaint are not necessarily exhaustive of the evidence the charging party may present at hearing to prove the surface bargaining allegation. (p. 12.) more or view all topics or full text.
419711/30/16
2452E Hartnell Community College District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
The charging party is not required to provide legal authority or identify the legal theory or theories of the case. PERB will disregard discrepancies or omissions in the specific statutory provisions cited by a charging party and focus instead on the substantive theories of liability implicated by the charging party’s factual allegations. Where charging party alleges facts that support separate interference and discrimination allegations, PERB should consider both theories. pp. 50, fn. 20, 53-54. more or view all topics or full text.
405609/04/15
2431M County of Santa Clara
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
An affirmative defense not raised by the respondent at the charge processing stage cannot provide the basis for dismissal, even if the pertinent facts are undisputed. more or view all topics or full text.
3918106/10/15
2445E Santa Maria Joint Union High School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
In judging the factual sufficiency of charge allegations, PERB looks to see whether the allegations describe the “who, what, when, where and how” of an unfair practice; mere legal conclusions are insufficient to state a prima facie case; statement in a declaration, “[i]n response to my exercise of protected activities I was told by an [sic] Faculty Association Election Committee member that I needed to stop because I was going to ‘[f word] it up,’” lacked sufficient factual detail and context and therefore was insufficient to establish the required nexus element in a retaliation case. more or view all topics or full text.
403807/31/15
2453E Cabrillo Community College District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
When the respondent can establish an affirmative defense as a matter of law based on undisputed facts, the charge must be dismissed even when the charging party has otherwise established a prima facie case. more or view all topics or full text.
405709/17/15
2305S State of California (Department of Mental Health, Department of Developmental Services)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Charge that consists entirely of document describing documents by charging party to the California State Auditor’s Office and the Governor’s Office does not contain a clear and concise statement of conduct alleged to constitute an unfair practice within PERB’b jurisdiction as required by PERB Regulation 32615(a)(5). more or view all topics or full text.
12/31/12
2204M Service Employees International Union, Local 1021 (Horan)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Where substance of allegation was that union “failed to represent me at an arbitration hearing,” charging party failed to state sufficient facts, which if proven, would constitute a prima facie violation of the duty of fair representation, thereby warranting dismissal of the charge. more or view all topics or full text.
365009/23/11
2147E Fontana Unified School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
PERB Regulation 32615(a)(5) requires, among other things, that an unfair practice charge include a clear and concise statement of the facts and conduct alleged to constitute an unfair practice. This burden includes alleging the who, what, when, where and how of an unfair practice. more or view all topics or full text.
351012/10/10
2155M County of Orange * * * OVERRULED IN PART by Santa Clara Valley Water District (2013) Decision No. 2349- M
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
PERB Regulation 32615(a)(5) requires, among other things, that an unfair practice charge include a clear and concise statement of the facts and conduct alleged to constitute an unfair practice. This burden includes alleging the who, what, when, where and how of an unfair practice. Thus, a charging party’s bare assertion that he was a union president without specific references to lawful actions he took in office is insufficient to establish he engaged in protected activity. more or view all topics or full text.
352401/18/11
2133E United Faculty of Grossmont-Cuyamaca Community College District (Tarvin)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
PERB Regulation 32615(a)(5) requires, among other things, that an unfair practice charge include a clear and concise statement of the facts and conduct alleged to constitute an unfair practice. This burden requires a charging party to allege the who, what, when, where and how of an unfair practice. more or view all topics or full text.
3414009/21/10
2167M Antelope Valley Hospital District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
While the Board agent’s duties include assisting the charging party in stating the proper form of the charge, making inquiries and reviewing the charge and any accompanying materials, the duty remains with the charging party to provide a clear and concise statement of the facts. The purpose of the Board agent’s review is to determine if the charge states sufficient facts that, if proven, would constitute an unfair practice. It is incumbent upon the charging party to provide such facts to the Board agent, not merely to assert that the factual information will be made available at a later time. more or view all topics or full text.
354702/25/11
2168M Service Employees International Union-United Healthcare Workers West Local 2005 (Hayes)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
While the Board agent’s duties include assisting the charging party in stating the proper form of the charge, making inquiries and reviewing the charge and any accompanying materials, the duty remains with the charging party to provide a clear and concise statement of the facts. The purpose of the Board agent’s review is to determine if the charge states sufficient facts that, if proven, would constitute an unfair practice. It is incumbent upon the charging party to provide such facts to the Board agent. more or view all topics or full text.
354802/25/11
2165M American Federation of State, County and Municipal Employees, Council 36
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Charging party has not provided facts demonstrating when or how the union failed to represent him, failed to investigate his employment status, or prevented charging party from representing himself. Thus, charging party has not met his burden of providing a “clear and concise statement of facts” to demonstrate a violation of the MMBA. Charging party’s conclusory remarks that the union failed to represent him or investigate his employment issues are not sufficient to demonstrate a violation. more or view all topics or full text.
355102/25/11
2144M West Side Healthcare District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Charging party has the burden to allege a “clear and concise statement of the facts and conduct alleged to constitute an unfair practice charge.” Mere legal conclusions are not sufficient to state a prima facie case. Where charging party claimed that the employer created a point system for absences, late calls or tardiness, reduced the level of benefits that employees would receive, and made changes to the merit pay policy, but failed to include facts setting forth the original policies or procedures and/or how the new procedures were different from the originals, the charge was insufficient to establish a prima facie case for illegal unilateral change. Charging party has the burden to allege a “clear and concise statement of the facts and conduct alleged to constitute an unfair practice charge.” Where charge alleged, without more, that the employer withdrew from tentative agreements, appeared at a meeting without looking at a previous proposal, and refused to discuss any wage proposal, charge was insufficient to establish a claim for surface bargaining. The allegations lack the clear and concise factual context necessary to establish an indicia of surface bargaining. more or view all topics or full text.
35611/30/10
2112I Los Angeles Superior Court
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Charge fails to establish a prima facie case where the charge merely states that the employer made staffing decisions based on unlawful animus and not legitimate business reasons. A charging party has the burden to allege the “who, what, when, where and how” of an unfair practice. Mere legal conclusions are not sufficient to state a prima facie case. more or view all topics or full text.
349406/07/10
2111S State of California (Department of Corrections and Rehabilitation, Avenal State Prison)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Where a charging party fails to allege that any specific section of the Government Code has been violated, the Board agent, upon review of the charge, may determine under what section the charge should be analyzed. more or view all topics or full text.
349106/03/10
2059E Los Angeles Community College District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
The timeliness of a charge is an element of the charging party’s prima facie case and, thus, the burden of proof to show that the charge was timely filed is on the charging party. more or view all topics or full text.
3314909/08/09
2082E Ventura County Community College District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
District’s charge sought a repugnancy review of an arbitration between the parties, however, it did not allege conduct by the Respondent/Federation that violated EERA and therefore did not establish a prima facie case against the respondent for violation of the Act. EERA section 3541.5(a)(2) addresses PERB’s authority relative to matters also covered by collective bargaining agreements between the parties, and provides that PERB may review an arbitration decision resulting from the parties’ grievance/arbitration process, to determine whether it is repugnant to the purposes of EERA. However, PERB’s authority remains limited to the issuance of a complaint that alleges respondent engaged in conduct that violates the EERA. A charge based solely on a claim that a third-party arbitration decision is repugnant cannot stand on its own and is insufficient to state a prima facie case for violation of EERA. more or view all topics or full text.
341412/09/09
2061E Oakland Unified School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
The PERB General Counsel's Office will issue a complaint if the charging party has alleged facts that, if proven true in a subsequent hearing, would state a prima facie violation of EERA. more or view all topics or full text.
3315309/10/09
2009M Kings In-Home Supportive Services Public Authority
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
At the charge processing stage, the burden to provide specific allegations of fact, which demonstrate a prima facie case that an unfair practice has been committed, is on the charging party. Additional facts provided by the respondent, and summarized in the warning letter, which expand the factual picture in the case and which were not contradicted by the charging party may be considered by PERB in determining whether the charge should be dismissed. The charging party does not, however, also have the burden of producing evidence of a prima facie case at this stage based on PERB Regulation 32620(b)(5). The single question at the charging stage is whether the charge alleged facts which, if true, constitute evidence of a violation. The regulations were designed to permit a determination that the facts as alleged in the charge state a legal cause of action and that the charging party is capable of providing admissible evidence in support of the allegations. more or view all topics or full text.
335203/10/09
2021E Alvord Unified School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Unfair practice charge failed to state a prima facie case for retaliation because it failed to provide evidence demonstrating employer knowledge, failed to establish adverse employment action, and failed to provide evidence of nexus. Charging Party, a teacher, failed to provide evidence that a change in class teaching assignment and/or failure to provide certain educational resources, constituted an adverse impact on Charging Party’s employment. Additionally, the presence of a District supervisor at meetings where charging party engaged in protected activity was not sufficient to establish employer knowledge, where the supervisor was present in her capacity as a representative for the union and the charge failed to provide evidence to establish that the individual was an agent or representative of the District. In an unfair practice charge alleging interference, Charging Party has the burden of proving that the employer’s action harmed employee rights, constituting interference. In the absence of facts showing the employer’s actions in any way inhibited, or would tend to inhibit, the exercise of protected activity, allegations regarding the change to a teacher’s class assignment schedule and/or failure to provide certain educational resources, were not sufficient to show harm to employee rights. 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)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
To establish a prima facie case, a charging party must allege facts that are capable of being proven by admissible evidence. Allegation that employee organization reasserted its information request was based solely on statements made by and to a California State Mediation and Conciliation Service mediator during impasse mediation. Because Evidence Code section 1119(a) and (b) makes such evidence inadmissible in an administrative adjudication, it cannot support the issuance of a complaint. In the absence of any admissible evidence that the employee organization reasserted its information request, the charge failed to state a prima facie case of refusal to provide information. more or view all topics or full text.
335703/13/09
1838M Sacramento Municipal Utility District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
PERB Regulation 32615(a)(5) requires an unfair practice charge to contain a clear and concise statement of the conduct alleged to constitute an unfair practice, including the “who, what, when, where and how” of an unfair practice. more or view all topics or full text.
3011705/10/06
1935E Los Banos Unified School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Where charging party fails to allege that any specific section of the Government Code has been violated, a Board agent, upon a review of the charge, may determine under what section the charge should be analyzed. more or view all topics or full text.
321712/21/07
1939M Sacramento Housing and Redevelopment Agency
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
The charging party has the burden of alleging the specifics (who, what) of a charge. If changes in job duties are reasonably comprehended within the existing job duties, an assignment of such duties, even if never performed before, is not a violation. (Rio Hondo Community College District (1982) PERB Decision No. 279.) The charging party has the burden of alleging why the allegedly new duties are not reasonably comprehended within the existing job duties. more or view all topics or full text.
323501/11/08
1934E Long Beach Council of Classified Employees, American Federation of Teachers, AFL-CIO (Owese)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
The charging party has the burden of stating sufficient facts to establish that the alleged unfair practice occurred no more than six months prior to the filing of the charge. more or view all topics or full text.
321612/21/07
1938M County of Plumas
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
A charging party must allege the “who, what, when, where, and how” of an unfair practice. more or view all topics or full text.
323401/11/08
1929E Los Angeles Unified School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
The charging party's burden includes alleging the ‘who, what, when, where and how’ of an unfair practice. (State of California (Department of Food and Agriculture) (1994) PERB Decision No. 1071-S, citing United Teachers-Los Angeles (Ragsdale) (1992) PERB Decision No. 944.) The charging party has the burden of alleging facts showing that the unfair practice charge was timely filed. (Tehachapi Unified School District (1993) PERB Decision No. 1024; City of Santa Barbara (2004) PERB Decision No. 1628-M.) The CBA provision on the time limit for the filing of grievances cannot be applied implicitly to satisfy the charging party’s burden of alleging, in a “clear and concise statement of facts,” when the acts of reprisal took place. more or view all topics or full text.
3116011/16/07
1918S Union of American Physicians and Dentists (Menaster)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Charging party’s charge under Dills Act section 3516 is dismissed where it is unclear under what theory this provision would have applicability to the circumstances presented in the charge. more or view all topics or full text.
3113508/09/07
1835S State of California (Department Of Transportation)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
PERB Regulation 32615(a)(5) requires an unfair practice charge to contain a clear and concise statement of the conduct alleged to constitute an unfair practice, including the “who, what, when, where and how” of an unfair practice. more or view all topics or full text.
3010804/10/06
1771H Regents of the University of California
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Under PERB Regulation 32615(a)(5), the charging party must provide a “clear and concise statement of the facts and conduct alleged to constitute an unfair practice.” Mere speculation, conjecture or legal conclusions are insufficient. Sarka’s belief that the Independent Party Reviewer was an agent comprises “mere speculation, conjecture or legal conclusions.” more or view all topics or full text.
2914406/24/05
1762S State of California (Department of Consumer Affairs)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
As required by PERB Regulation 32635, the appeal did not provide facts supporting its allegations that the Board agent did not properly investigate the charge, used ex parte communications with the State in rendering his decision and failed to determine whether the charge should be deferred to arbitration. The Board rejected Wilson-Combs’ argument that it must presume the State’s unlawful motive for purposes of finding a prima facie case of retaliation. The charge did not specify the dates of her alleged union activity or facts showing the State’s knowledge of her activity. Contrary to PERB Regulation 32615(a)(5), the charge did not contain a “clear and concise statement of the fact and conduct alleged to constitute an unfair practice.” more or view all topics or full text.
2912104/15/05
1744E Berkeley Unified School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Unit modifications are non-mandatory subjects of bargaining whereas vacation schedules are mandatory subjects of bargaining. It is unlawful to negotiate to impasse a proposal that conditions agreement to a non-mandatory subject on acceptance of mandatory subjects. However, Local 21 has not stated facts demonstrating that the District bargained to impasse over this proposal. Under PERB Regulation 32615(a)(5), a charge must state a clear and concise statement of the facts. In addition, the District withdrew the proposal after Local 21 filed the charge, an action which was appropriate. more or view all topics or full text.
296601/26/05
1759E Stockton Unified School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
In the absence of a clear and concise statement of facts showing a District past practice of always granting release time requests, Board is inclined to give more weight to District’s evidence. more or view all topics or full text.
2910403/28/05
1764E United Educators of San Francisco (Banos)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Board agent should not rely on respondent’s position statement where it was not first served on charging party. more or view all topics or full text.
2912404/21/05
1743E Los Angeles County Office of Education
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
The charge did not provide a clear and concise statement of the facts as required by PERB Regulation 32615(a)(5) that would state a prima facie case of discrimination. The Board agent advised Cummings of this in the warning letter but Cummings did not file an amended charge. more or view all topics or full text.
296001/26/05
1730E San Francisco Unified School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
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
1717E Parlier Unified School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Where contract language is ambiguous, to determine whether there is a prima facie case, charging party’s interpretation of the language must be accepted as true where it is reasonable. more or view all topics or full text.
292311/30/04
1664M City and County of San Francisco
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Local 790 did not allege a date for which the City issued a directive that a job steward must be available to employees during an investigation. This allegation did not specify the facts alleged to constitute an unfair practice under PERB Regulation 32615(a)(5). Although it did not provide this information in an amended charge, Local 790 alleged a time element on appeal but did not allege facts to show good cause to add the information at this stage of the proceedings. Therefore, under PERB Regulation 32635(b), the allegation is dismissed. more or view all topics or full text.
2823107/27/04
1729E Berkeley Unified School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Charging party did not present a clear and concise statement of facts in the charge to indicate whether the District was responsible for the increase in copayments for medical services. Because of lack of details, charge dismissed. more or view all topics or full text.
294512/21/04
1639E Salinas Union High School District * * * OVERRULED by Trustees of California State University (2012) PERB Decision No. 2287-H
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
The District’s requirement to provide instruction during the enrichment period for the first time does not involve performance of new duties but rather an alleged increase in instructional time. Changes in the length of an instructional day are a management prerogative except when such changes impact the length of the employees’ workday or duty-free time. The burden is on the charging party to show such impact. The Federation did not state facts demonstrating an impact on the length of the employees’ workday or duty-free time. more or view all topics or full text.
2817606/14/04
1606E California School Employees Association-Chapter 244 (Guitierrez)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
The slander allegation, which was timely filed, lacked any specificity regarding dates of occurrence, circumstances, the nature of the alleged slander, or the context of CSEA’s refusal to grieve the issue and so did not meet the requirements of PERB Regulation 32615(a)(5). more or view all topics or full text.
289302/26/04
1600M County of San Joaquin
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Local 790’s allegation on appeal that the charge incorporated by reference the mediator’s findings regarding failure to provide information is ambiguous. If it refers to “changed conditions” or “retaliation” allegations in the charge, then this allegation is dismissed under PERB Regulation 32615(a)(5), which requires a charge to contain a clear and concise statement of the facts. Otherwise, Local 790 appears to raise a new issue on appeal and under PERB Regulation 32635(b) has not provided good cause to present new allegations on appeal. more or view all topics or full text.
288602/24/04
1690S State of California (Department of Forestry and Fire Protection)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Charging Party must show protected conduct, that the employer knew of protected conduct and a nexus between the protected conduct and any adverse actions. Charge must include facts to show what actions occurred. Mere statement that there was a premeditated conspiracy is not sufficient. Charging party must allege “who what when where and how” of charge.(see State of California (Dept. of Food and Agriculture)(1994) PERB Decision No. 944. more or view all topics or full text.
2825409/17/04
1658H Trustees of the California State University
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Without specific facts, it has not been demonstrated that a change occurred. more or view all topics or full text.
2819907/13/04
1662E California Federation of Teachers (Malik)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
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
1568E Long Beach Community College District * * * OVERRULED by Long Beach Community College District (2008) PERB Decision No. 1941
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Regional attorney may consider affirmative defenses if they raise questions of law. more or view all topics or full text.
283312/18/03
1544E Oakland Unified School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Pursuant to PERB Reg. 32615, Board dismissed charge where charging party failed to provide a clear and concise statement of the facts and conduct alleged to constitute an unfair practice. more or view all topics or full text.
2711207/23/03
1610M Service Employees International Union Local 250 (Stewart)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Allegations that union steward was “threatened” and labeled a “troublemaker” by her union fail to provide the factual specificity necessary to state a prima facie case of interference. more or view all topics or full text.
2812504/02/04
1594E United Teachers of Los Angeles (Kestin)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Board dismissed charge for failure to provide a clear and concise statement of facts where charging party failed to file an amended charge correcting the deficiencies. more or view all topics or full text.
287402/09/04
1552E Los Angeles Unified School District * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Bailey failed to provide specifics supporting her charge regarding her complaints about a subordinate and about her supervisor as required by PERB Regulation 32615(a)(5) and so there is insufficient information to determine whether she engaged in protected conduct. The Board declined to consider Bailey’s amended charge because, inter alia, it did not list the District on the proof of service and because it was filed several days late. more or view all topics or full text.
28710/21/03
1495E Santa Ana Unified School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
The Board agent correctly dismissed this charge with its conclusory allegations. PERB Regulation 32615(a)(5) provides that a charge must contain “a clear and concise statement of the facts.” The charge did not contain the “who, what, when, where and how” of an unfair practice. (State of California (Department of Food and Agriculture) (1994) PERB Decision No. 1071-S; United Teachers-Los Angeles (Ragsdale) (1992) PERB Decision No. 944.) Mere legal conclusions are insufficient to state a prima facie case; In a unilateral change case charging party must explain the new and old policies. more or view all topics or full text.
263310607/31/02

1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
failure of plaintiff to exhaust the grievance procedure does not preclude it from seeking judicial review of a unilateral change. The unilateral change pertains to the city's obligations under the memorandum of agreement and the MMBA and thus is not a grievance within the meaning of the employer-employee relations resolution. In addition, any appeal would be to the City Council and as such would have been futile. more or view all topics or full text.
1427E West Contra Costa Unified School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Charge dismissed because charging party filed to provide clear and concise statement of facts. more or view all topics or full text.
253205804/19/01
1428H Regents of the University of California
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Failure to provide specific facts regarding certain allegations is fatal to those allegations; p. 2, fn. 2. more or view all topics or full text.
253205904/19/01
1358E Los Angeles County Education Association, CTA/NEA (Burton)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Where charging party fails to allege that any specific section of the Government Code has been violated a Board agent, upon a review of the charge, may determine under what section the charge should be analyzed. more or view all topics or full text.
243100210/27/99
1360E Los Angeles County Office of Education (Burton)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Where charging party fails to allege that any specific section of the Government Code has been violated a Board agent, upon a review of the charge, may determine under what section the charge should be analyzed. more or view all topics or full text.
243101611/03/99
1377E Los Angeles Community College District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Where amended charge does not address an allegation found insufficient in the warning letter, the allegation is dismissed. In Temple City Unified School District (1990) PERB Decision No. 843, the Board stated that a Regional Attorney may not resolve disputes of material facts between a Charging Party and a Respondent. However, the factual dispute presented here is not the type of factual dispute discussed in Temple City. Here Charging Party provided documents that demonstrate his allegations were false. This type of dispute may be resolved by a Board Agent in the investigation of a charge. more or view all topics or full text.
243106202/28/00
1310E Teachers Association of Long Beach (Akers, et al.)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
PERB Regulation 32994(a) requires that an agency fee payer who wishes to challenge the amount of the fee by filing an unfair practice charge must first exhaust the exclusive representative’s agency fee appeal procedure unless the procedure is insufficient on its face; warning letter. Where there was no evidence of exhaustion, the charge is dismissed; participation in the arbitration must be in the year that is under challenge in the unfair; warning letter. In an agency fee case, PERB will defer to an arbitrator's award and refuse to issue a complaint where: (1) the arbitration proceedings were fair and regular; and (2) the arbitrator's award is not clearly repugnant to the purposes of the Act; warning letter. more or view all topics or full text.
233004801/27/99
1311E Teachers Association of Long Beach (Aragon, et al.)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
PERB Regulation 32994(a) requires that an agency fee payer who wishes to challenge the amount of the fee by filing an unfair practice charge must first exhaust the exclusive representative’s agency fee appeal procedure unless the procedure is insufficient on its face; warning letter. Where there was no evidence of exhaustion, the charge is dismissed; warning letter. more or view all topics or full text.
233004901/27/99
1309E Oakland Education Association (Bettencourt, et al.)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
PERB Regulation 32994(a) requires that an agency fee payer who wishes to challenge the amount of the fee by filing an unfair practice charge must first exhaust the exclusive representative’s agency fee appeal procedure unless the procedure is insufficient on its face; p. 3, warning letter. Where there was no evidence of exhaustion, the charge is dismissed; p. 3, warning letter. more or view all topics or full text.
233004701/27/99
1325E Los Angeles Community College District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Charge must allege facts from which Board agent may infer improper motive for District's actions - mere assertions are insufficient; p. 3, warning letter. Allegations that a newspaper article and a failure to follow proper evaluation procedures supported a finding of nexus are not credit because facts do not support the allegations. more or view all topics or full text.
233009604/13/99
1295E ABC Federation of Teachers, American Federation of Teachers (Murray, et al.)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
PERB will defer to an arbitrator's award in an agency fee objection case and refuse to issue a complaint where: (1) the arbitration proceedings were fair and regular; and (2) the arbitrator's award is not clearly repugnant to the purposes of EERA. Established case law as well as PERB Regulation 32994(b)(6) specifically require the exclusive representative to bear the burden of establishing the reasonableness of the agency fee amount. Since the arbitrator placed the burden on the opposite party (the objectors), the Board agent found that the arbitrator's award is contrary to PERB regulations and is, therefore, repugnant to the purposes of EERA. Although the union bears the burden of proving reasonableness of the agency fee, absolute precision is not required in the calculation of the agency fee. agency fee, absolute precision is not required in the calculation of the agency fee. An error of less than one-tenth of one percent of total expenses does not violate union's duty to set amount of agency fee. more or view all topics or full text.
233000710/22/98
1228E Little Lake School District (Garcia)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Sending a letter to PERB is not equivalent to filing an unfair practice charge; p. 3, dismissal letter. more or view all topics or full text.
222900811/13/97
1202S State of California (State Teachers Retirement System (Ramirez and Roberts)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Regulation 32615(a)(5) requires an unfair practice charge to include a clear and concise statement of the facts and conduct alleged to constitute an unfair practice; p. 3, warning letter. The charging party bears the burden of alleging the who, what, where and how of an unfair practice; memos from unnamed individuals insufficient; p. 4, warning letter; p. 2, dismissal letter. more or view all topics or full text.
212810906/04/97
1197S State of California (Department of Insurance) (Nylander-McGuire)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
PERB Regulation 32615(a)(5) requires the charge to contain a clear and concise statement of the conduct alleged to constitute an unfair practice, including the "who, what, when, where and how" of an unfair practice; p. 2, warning letter. more or view all topics or full text.
212809405/06/97
1167E Ventura County Community College District (Mickle)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
PERB Regulation 32615(a)(5) provides that a charge must contain a "clear and concise statement of the facts and conduct alleged to constitute an unfair practice;" a charging party must allege the "who, what, when, where and how" of the unfair practice; mere legal conclusions are insufficient; p. 2, warning letter. more or view all topics or full text.
202713609/11/96
1168E Service Employees International Union, Local 535 (Mickle)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
PERB Regulation 32615(a)(5) provides that a charge must contain a "clear and concise statement of the facts and conduct alleged to constitute an unfair practice;" a charging party must allege the "who, what, when, where, and how" of the unfair practice; mere legal conclusions are insufficient; p. 2, warning letter. more or view all topics or full text.
202713709/11/96
1153E Los Angeles Unified School District (Association of Public School Supervisory Employees)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Charge failed to state prima facie case because charging party never established the past practice nor demonstrated how the employer had changed that practice; p. 3, warning letter. more or view all topics or full text.
202710506/06/96
1118E Alum Rock Education Association (Kirkaldie)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Conclusory statements must be supported by the underlying facts alleged in the charge or the charge will be dismissed; p. 11, warning letter. more or view all topics or full text.
192614310/04/95
1070E Davis Teachers Association (Carlson)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
The burden is on the charging party to allege facts which both establish a prima facie violation and the timeliness of the charge; p. 2, dismissal letter. more or view all topics or full text.
192602511/29/94
1071S State of California (Food and Agriculture)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
32615(a)(5) states that a charge shall contain a "clear and concise statement of the facts and conduct alleged to constitute an unfair practice." A charging party should allege the "who, what, when, where and how" of an unfair practice. Legal conclusions are not enough; p. 2, warning letter. more or view all topics or full text.
192602811/30/94
1024E Tehachapi Unified School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Charging party failed to meet its burden of alleging dates to show that the alleged unlawful conduct occurred within the six-month limitations period; pp. 3-4. more or view all topics or full text.
182500811/04/93
0969S California State Employees Association (Mitchell)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
In the absence of a clear statement of facts and conduct constituting an unfair practice, the allegations fail to state a prima facie violation; p. 2, warning letter. more or view all topics or full text.
172403802/04/93
0883E Lodi Unified School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
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
0873E Charter Oak Unified School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
The charge failed to state a prima facie case of bypassing where no facts supporting the allegation that the statements were false, misleading or derogatory. Even if the statements were false, misleading and derogatory, the statements contain no threat of reprisal or force or promise of benefit. Rio Hondo Community College District (1980) PERB Decision No. 128, pp. 15-17. more or view all topics or full text.
152206704/04/91
0875E Los Rios Community College District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Board dismissed unfair practice charges where even assuming charging parties engaged in protected activity, there were no factual allegations that District had knowledge of protected activity or that District took its actions as a result of such activity; p. 14. Board dismissed unfair practice charges where charging parties failed to present any facts which would establish that they engaged in protected activity; pp. 13-14. more or view all topics or full text.
152208105/14/91
0853H California State University (Jenkins)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Dismissal is upheld for failure to allege facts to support a prima facie case of discrimination/retaliation. Third amended charge, which appears to state several new allegations of discriminatory conduct by the employer, is properly dismissed by regional attorney because of charging party's failure to provide dates indicating whether the newly alleged conduct occurred within six months of the date of the third amended charge. Also, the new allegations were insufficient to establish a prima facie case because they were not alleged within six months of the original charge and the charging party failed to describe how the allegations were related to the original charge, if at all; p. 7. more or view all topics or full text.
152200012/05/90
0780E Sylvan Union Elementary School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
No prima facie case where charging party failed to allege facts supporting allegations that District unilaterally eliminated position or transferred bargaining unit work out of unit; pp. 2, 4. more or view all topics or full text.
142101412/05/89
0654H Regents of the University of California
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Regional Attorney's dismissal of charge reversed where the charging party's allegation -- "the policy of the employer had, for years, been to employ part-time lecturers already employed by the university for additional service on campus" -- was sufficient to state a prima facie case of the existence of an established policy. Whether or not the policy or practice in fact existed and whether it was changed are factual questions to be determined after a hearing. more or view all topics or full text.
121902412/31/87
0542S State of California (Department of Personnel Administration, Mental Health, Developmental Services)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
In evaluating sufficiency of charge alleging unlawful support for a rival union, factual allegations must be viewed together; each factual assertion need not stand alone as conduct violative of the statute. more or view all topics or full text.
101701412/13/85
1959E Sacramento City Teachers Association (Franz)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
“Clear and concise statement of the facts and conduct alleged to constitute an unfair practice,” as required by PERB Regulation 32615(a)(5), must be stated in the charge itself. Mention of the facts in attached documents, without reference to those facts in the charge itself, is insufficient to satisfy the Regulation. Charge did not satisfy PERB Regulation 32615(a)(5) because, while facts were contained in documents attached to the charge, those facts were not referenced in the charge itself. more or view all topics or full text.
328605/30/08
1946E San Mateo County Office of Education
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Although a charging party’s facts will be taken as true at this stage of review, a charge must still contain a “clear and concise statement of the facts and conduct alleged to constitute an unfair practice” in accordance with PERB Regulation 32615(a)(5) and San Juan Unified School District (1977) EERB Decision No. 12. more or view all topics or full text.
324802/29/08
1755H Trustees of the California State University (Sonoma)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Where there is a material factual dispute the initial investigation, the charging party's allegations must be accepted as true, citing Golden Plains Unified School District (2002) PERB Decision No. 1489; p. 6. more or view all topics or full text.
299703/01/05
1214E Bellflower Unified School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Unilateral change in staffing patterns is dismissed because District's rights clause gives control over this subject to the District. more or view all topics or full text.
212812606/30/97
0419E Los Angeles Community College District (Kimmett)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Incomprehensible charge dismissed for failure to allege elements of prima facie case. more or view all topics or full text.
81519510/18/84
0355E Los Gatos Joint Union High School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Cannot file unfair practice charge by way of post-hearing brief. more or view all topics or full text.
71428711/14/83
0335E Los Angeles Unified School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Broadly worded allegations of violation of statutory requirements are insufficient - specific acts must be alleged to support issuance of complaint. more or view all topics or full text.
71422708/18/83
0332E Reed District Teachers Association (Reyes)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Lay person not expected to know difference between amendment of charge and amended charge. Where later charge incorporates pleadings of original charge, all will be considered one pleading. more or view all topics or full text.
71422408/15/83
0208E Fresno Unified School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Affiliate of exclusive rep had no obligation to negotiate with the District, nor could it request or participate in the statutory impasse procedures. Therefore, it cannot be held liable for violations of subsections 3543.5(c) or (d); pp. 23-24. more or view all topics or full text.
61311004/30/82
0197E King City High School District Association, et al. (Cumero)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
PERB regulations require that unfair practice charges must be supported by statements of fact and proved by a preponderance of the evidence. Notwithstanding that specific uses of agency fees are within respond- ent union's knowledge, sufficient information is available to nonmem- bers sufficient to state a prima facie case; pp. 27-28. Here, prima facie case stated; p. 29. more or view all topics or full text.
61306503/03/82
0155E Los Angeles Community College District (Watts)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Dismissal is upheld for failure to state a clear and concise statement of the facts upon which a public notice complaint is based. more or view all topics or full text.
51201212/31/80
0017E Mountain View School District (Olson)
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Insufficient to claim violations of sections 3543.2 or 3543.7, conduct must be related to section 3543.5. more or view all topics or full text.
112605/17/77
0936E Lindsay Unified School District
1100.8000: CASE PROCESSING PROCEDURES; CHARGE; Pleading Requirements
Unorganized notes and exhibits with no apparent connection to the case do not meet the requirement of Regulation 32615 which mandates a clear and concise statement of the facts. more or view all topics or full text.
162308305/22/92