All notes for Subtopic 1104.06000 – Authority of ALJ to Dismiss Complaint on Own Motion

DecisionDescriptionPERC Vol.PERC IndexDate
2446E Coachella Valley Teachers Association (Abrahamian)
1104.6000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Authority of ALJ to Dismiss Complaint on Own Motion
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
2424M City of Inglewood
1104.6000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Authority of ALJ to Dismiss Complaint on Own Motion
With receipt of the exclusive representative’s withdrawal from matter in which the exclusive representative is the only charging party named in the complaint, the administrative law judge has the authority to dismiss the case sua sponte by notice or order of dismissal; withdrawal from the case by the sole charging party is equivalent to a failure to prosecute. more or view all topics or full text.
3916906/01/15
1990E Los Rios College Federation of Teachers, Local 2279 (Deglow)
1104.6000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Authority of ALJ to Dismiss Complaint on Own Motion
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)
1104.6000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Authority of ALJ to Dismiss Complaint on Own Motion
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
1104.6000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Authority of ALJ to Dismiss Complaint on Own Motion
ALJ properly dismissed complaint due to Charging Party's failure to prosecute. more or view all topics or full text.
121908806/08/88
0549E Washington Unified School District
1104.6000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Authority of ALJ to Dismiss Complaint on Own Motion
ALJ has authority to dismiss complaint sua sponte if clear that allegations do not state a prima facie case; no denial of due process where ALJ issued warning letter and provided opportunity to allege additional facts. more or view all topics or full text.
101702412/16/85
0365H Regents of the University of California
1104.6000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Authority of ALJ to Dismiss Complaint on Own Motion
Complaint properly dismissed based on charging party's failure to file an "at-issue memorandum" within 6 months of filing charge per PERB rule 32652. more or view all topics or full text.
81500612/14/83
0331E Los Angeles Community College District (Watts) * * * OVERRULED IN PART by Santa Ana Unified School District (2017) PERB Decision No. 2514
1104.6000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Authority of ALJ to Dismiss Complaint on Own Motion
ALJ has authority to dismiss complaint in response to motion to dismiss. Motion to dismiss is likened to judgment on the pleadings. more or view all topics or full text.
71422308/15/83
0163E Service Employees International Union, Local 99 (Kimmett)
1104.6000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Authority of ALJ to Dismiss Complaint on Own Motion
Failure of charging party to appear for hearing on successive occasions is justification for dismissal of charge of ALJ. more or view all topics or full text.
51205905/18/81