All notes for Subtopic 1104.06000 – Authority of ALJ to Dismiss Complaint on Own Motion
|Decision||Description||PERC Vol.||PERC Index||Date|
Coachella Valley Teachers Association (Abrahamian)|
1104.6000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Authority of ALJ to Dismiss Complaint on Own MotionA 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.
City of Inglewood|
1104.6000: CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ; Authority of ALJ to Dismiss Complaint on Own MotionWith 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.
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 MotionCharging 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.
State of California (Department of Corrections)||30||46||01/05/06|
Los Angeles Unified School District||12||19088||06/08/88|
Washington Unified School District||10||17024||12/16/85|
Regents of the University of California||8||15006||12/14/83|
Los Angeles Community College District (Watts) * * * OVERRULED IN PART by Santa Ana Unified School District (2017) PERB Decision No. 2514||7||14223||08/15/83|
Service Employees International Union, Local 99 (Kimmett)||5||12059||05/18/81|