All notes for Subtopic 1103.10000 – Default or Failure to Appear/Failure to Prosecute

DecisionDescriptionPERC Vol.PERC IndexDate
0758E California School Employees Association (Petrich)
1103.10000: CASE PROCESSING PROCEDURES; COMPLAINT; Default or Failure to Appear/Failure to Prosecute
Complaint dismissed where charging party failed to appear at formal hearing and failed to show cause when given opportunity to do so; p. 3, proposed dec. more or view all topics or full text.
09/11/89
2489H Teamsters Clerical, Local 2010 (Polk)
1103.10000: CASE PROCESSING PROCEDURES; COMPLAINT; Default or Failure to Appear/Failure to Prosecute
ALJs have discretionary authority to dismiss a case for lack of prosecution with due diligence based on delays in the case, absent a showing of “good cause.” In applying the above principles to a party’s motions to dismiss this case, it is appropriate to consider the parties’ overall conduct to ascertain whether charging party has pursued a case with the required due diligence. A charging party’s failure to appear for multiple hearing days, despite the warning that her failure to appear could result in dismissal, is evidence of a lack of due diligence to prosecute the case. Charging party fails to show good cause when she is unwilling to pay a higher car rental rate in order to attend the hearing, and when she does not adequately establish that alternative transportation was unavailable. Good cause only exists when occasioned by circumstances that are either unanticipated or beyond the party’s control. Lack of attention over filing deadlines and failure to state an interest in filing additional documents earlier constitutes evidence that charging party was not pursuing this case with due diligence. Charging party’s frequent and lengthy delays in this case jeopardize the remaining witnesses’ ability to recall events with accuracy and to locate documents and other relevant evidence. Any disadvantages for the remaining witnesses caused by the significant delays here disproportionately affect respondent’s case in chief, causing prejudice to respondent. Charging party’s lack of legal training does not excuse her actions because the most troubling conduct in this case does not involve complex legal concepts, but rather the importance of showing up to scheduled events, arriving on time, reading documents carefully, and meeting deadlines. more or view all topics or full text.
412706/30/16
2446E Coachella Valley Teachers Association (Abrahamian)
1103.10000: CASE PROCESSING PROCEDURES; COMPLAINT; Default or Failure to Appear/Failure to Prosecute
A Board agent may exercise discretionary authority to dismiss a case sua sponte where the charging party fails to prosecute the matter, absent a showing of good cause. Charging party did not appear at the appointed date and time of the hearing. Prior to the hearing, charging party requested and was provided information regarding the proper procedure for ensuring that witnesses could be compelled to attend and testify at the hearing. No cause for charging party’s failure to appear at the duly noticed hearing was demonstrated. Dismissal was warranted. more or view all topics or full text.
403907/31/15
1990E Los Rios College Federation of Teachers, Local 2279 (Deglow)
1103.10000: CASE PROCESSING PROCEDURES; COMPLAINT; Default or Failure to Appear/Failure to Prosecute
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
1806S State of California (Department of Corrections)
1103.10000: CASE PROCESSING PROCEDURES; COMPLAINT; Default or Failure to Appear/Failure to Prosecute
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
0674E Los Angeles Unified School District
1103.10000: CASE PROCESSING PROCEDURES; COMPLAINT; Default or Failure to Appear/Failure to Prosecute
ALJ properly dismissed complaint due to Charging Party's failure to prosecute. more or view all topics or full text.
121908806/08/88