All notes for Subtopic 1105.19000 – Newly Discovered Evidence

DecisionDescriptionPERC Vol.PERC IndexDate
2086E Garden Grove Unified School District
1105.19000: CASE PROCESSING PROCEDURES; EVIDENCE; Newly Discovered Evidence
Documents referring to events that occurred long before the filing of the charge will not be considered on appeal, where charging party failed to offer any evidence of good cause for her failure to obtain and provide the evidence to the Board agent to consider. more or view all topics or full text.
342512/28/09
2063E Los Banos Unified School District
1105.19000: CASE PROCESSING PROCEDURES; EVIDENCE; Newly Discovered Evidence
Charging party failed to establish good cause for considering new evidence on appeal, where it was clear that charging party was aware of the newly provided information prior to filing the charge. more or view all topics or full text.
3316109/25/09
1808M Bay Area Air Quality Management District Employees Association (Mauriello)
1105.19000: CASE PROCESSING PROCEDURES; EVIDENCE; Newly Discovered Evidence
Arbitration award is new evidence presented for the first time on appeal. Pursuant to PERB Regulations 32635(b), unless “good cause” is shown, a charging party may not present new supporting evidence on appeal. Since the arbitration award was not available when charge was initially filed, it may be considered on appeal. Favorable arbitration award does not imply the Association acted in an arbitrary, discriminatory, or bad faith manner when denying representation to employee. more or view all topics or full text.
305201/13/06
1775E Standard School District
1105.19000: CASE PROCESSING PROCEDURES; EVIDENCE; Newly Discovered Evidence
The newly discovered evidence is inadmissible because it is outside the parties stipulation regarding judicial notice. If admissible, association does not state why it wasn’t previously presented to the ALJ or why this evidence was not previously available and could not have been discovered with the exercise of reasonable diligence. Thus, new evidence is rejected. more or view all topics or full text.
2916208/26/05
1577Ma County of Riverside
1105.19000: CASE PROCESSING PROCEDURES; EVIDENCE; Newly Discovered Evidence
Board finds that case not rendered moot through newly discovered evidence because evidence did not meet the first and third requirements of newly discovered evidence under PERB Regulation 32410. The evidence was discovered before the Board issued its decision. more or view all topics or full text.
2811803/18/04
1503E Sacramento City Teachers Association (Ferreira)
1105.19000: CASE PROCESSING PROCEDURES; EVIDENCE; Newly Discovered Evidence
Board refused to consider new documents on appeal where charging party failed to demonstrate any good cause because they simply add detail to allegations rejected as untimely, no indication they could not have been obtained through reasonable diligence prior to the dismissal. more or view all topics or full text.
27611/01/02
1502E Sacramento City Unified School District
1105.19000: CASE PROCESSING PROCEDURES; EVIDENCE; Newly Discovered Evidence
Board refused to consider new documents on appeal where charging party failed to demonstrate any good cause because they simply add detail to allegations rejected as untimely, no indication they could not have been obtained through reasonable diligence prior to the dismissal. more or view all topics or full text.
27511/01/02
1487E California School Employees Association and its Chapter 77 (Vincelet)
1105.19000: CASE PROCESSING PROCEDURES; EVIDENCE; Newly Discovered Evidence
Charging party’s new evidence was not considered by the Board because she failed to show good cause or any rationale why it hadn’t been presented to the Board agent. more or view all topics or full text.
263309706/28/02
1486E Lodi Unified School District
1105.19000: CASE PROCESSING PROCEDURES; EVIDENCE; Newly Discovered Evidence
Absent showing of good cause, new allegations or evidence will not be considered on appeal from dismissal of charge; No good cause shown here for acceptance of new allegations or evidence on appeal. more or view all topics or full text.
263309606/28/02
1418E Peralta Community College District
1105.19000: CASE PROCESSING PROCEDURES; EVIDENCE; Newly Discovered Evidence
Failure of Charging Party to keep PERB informed of her current address and to communicate with PERB in an effective and timely manner does not constitute good cause under regulation 32635(b) for PERB to consider new supporting evidence offered for the first time on appeal to the Board. more or view all topics or full text.
253203702/26/01
1419E Service Employees International Union, Local 790 (Bryant)
1105.19000: CASE PROCESSING PROCEDURES; EVIDENCE; Newly Discovered Evidence
Failure of Charging Party to keep PERB informed of her current address and to communicate with PERB in an effective and timely manner does not constitute good cause under Regulation 32635(b) for PERB to consider new supporting evidence offered for the first time on appeal to the Board. more or view all topics or full text.
253203802/26/01
A326S State of California (Department of Transportation)
1105.19000: CASE PROCESSING PROCEDURES; EVIDENCE; Newly Discovered Evidence
Under PERB Regulation 32410(a), the presentation of new evidence as a basis for exceptions to an ALJ’s final decision cannot be considered a request for reconsideration because a request for reconsideration can only be made based on a final decision of the Board itself. more or view all topics or full text.
278706/20/03
A248Ea Fremont Union Union High School District
1105.19000: CASE PROCESSING PROCEDURES; EVIDENCE; Newly Discovered Evidence
Statements in a grievance which constitute the Association's legal opinion that the District violated state laws is not admissible evidence; p. 4. more or view all topics or full text.
182501311/23/93
1282E Southwestern Community College District
1105.19000: CASE PROCESSING PROCEDURES; EVIDENCE; Newly Discovered Evidence
32635 - Board finds no good cause to admit new evidence presented for the first time on appeal where Board agent requested said evidence during investigation of the charge and charging party presented no justification, whatsoever, for its failure to provide the evidence to the Board agent; p. 2, fn. 2. more or view all topics or full text.
222915309/03/98
1271H Regents of the University of California (Federated University Police Officer’s Association)
1105.19000: CASE PROCESSING PROCEDURES; EVIDENCE; Newly Discovered Evidence
Alleged newly discovered evidence or new allegations will not be considered on appeal without its proponent showing good cause for the Board to consider it for the first time on appeal. The charging party should have amended its charge and presented this information to the Board agent. (PERB Regulation 32635(b).); p. 2. more or view all topics or full text.
222911406/30/98
1239H Regents of the University of California (Harris)
1105.19000: CASE PROCESSING PROCEDURES; EVIDENCE; Newly Discovered Evidence
To present additional evidence after the filings are complete on appeal, party must show good cause. (PERB Reg. 32635(b).) When the information presented involved recent events and could not have been offered earlier, good cause is shown. (Santa Clarita Community College District (1996) PERB Decision No. 1178; Regents of the University of California (1994) PERB Decision No. 1058-H.) While the information submitted met the good cause requirement and was relevant to the unfair practice charge, it did not alter the outcome of the case. more or view all topics or full text.
222902712/04/97
0838E Yolo County Superintendent of Schools
1105.19000: CASE PROCESSING PROCEDURES; EVIDENCE; Newly Discovered Evidence
The evidence proffered is not newly discovered because requesting party had adequate opportunity at the hearing to examine the witness and offer additional evidence as to the witness' credibility. more or view all topics or full text.
142118009/17/90
0324E Central Union High School District
1105.19000: CASE PROCESSING PROCEDURES; EVIDENCE; Newly Discovered Evidence
Charging party contention of rebuttal evidence as perjured must be overcome at hearing - not raised on appeal; p. 6. more or view all topics or full text.
71418906/30/83