All notes for Subtopic 1104.06000 – Authority of ALJ to Dismiss Complaint on Own Motion
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2446E | Coachella Valley Teachers Association (Abrahamian) 1104.06000: 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. | 40 | 39 | 07/31/15 |
| 2424M | City of Inglewood 1104.06000: 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. | 39 | 169 | 06/01/15 |
| 1990E | Los Rios College Federation of Teachers, Local 2279 (Deglow) 1104.06000: 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. | 33 | 12 | 11/26/08 |
| 1806S | State of California (Department of Corrections) 1104.06000: 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. | 30 | 46 | 01/05/06 |
| 0674E | Los Angeles Unified School District 1104.06000: 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. | 12 | 19088 | 06/08/88 |
| 0549E | Washington Unified School District 1104.06000: 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. | 10 | 17024 | 12/16/85 |
| 0365H | Regents of the University of California 1104.06000: 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. | 8 | 15006 | 12/14/83 |
| 0163E | Service Employees International Union, Local 99 (Kimmett) 1104.06000: 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. | 5 | 12059 | 05/18/81 |