All notes for Subtopic 1109.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
A428E Children of Promise Preparatory Academy
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
When reviewing a Board agent’s determination to stay or conduct a decertification election, the proper inquiry on appeal is whether the Board agent abused his or her discretion. more or view all topics or full text.
402306/29/15
A423M City of Folsom
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
The Board declined to resolve joint employer issues raised in a factfinding request when the same issues were pending investigation in unfair practice proceedings. Unfair practice proceedings are better-suited for complex legal and factual issues and for protecting the parties’ right to notice and meaningful opportunity to be heard before issues of liability are decided. more or view all topics or full text.
3918406/11/15
A406M City of Pasadena
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Parties may not use compliance proceedings to re-litigate factual issues not excepted to, or otherwise previously decided in the same action. Litigation shall not be had in a piecemeal fashion; when a party has a particular claim or defense in a cause of action, it must assert it in those proceedings, or it will be waived. more or view all topics or full text.
3812201/28/14
2222M City and County of San Francisco
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Pursuant to PERB Regulation 32635(b), no good cause found to consider new allegations on appeal, where the dates of all the incidents alleged for the first time on appeal predate the filing of the charge and the appeal provides no reason why these new allegations could not have been alleged in the original charge or in an amended charge. more or view all topics or full text.
368911/23/11
2278E San Bernardino City Unified School District
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Appeal that mainly reiterates allegations in the charge, but does not reference any particular portion of the dismissal or otherwise state the specific issues of procedure, fact, law or rationale to which the appeal is taken nor identify the page or part of the dismissal to which the appeal is taken or state the grounds is subject to dismissal on this ground alone. No good cause found to consider on appeal new allegations and supporting documents, where appeal provides no reason why new allegations and documents could not have been provided to the Office of the General Counsel during the processing of the charge. more or view all topics or full text.
07/11/12
2265E Oxnard Union High School District
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Under PERB Regulation 32635, subdivision (a), the appeal must sufficiently place the Board and the respondent on notice of the issues raised on appeal; an appeal that merely reiterates facts alleged in the unfair practice charge, or does not reference the substance of the Board agent’s dismissal, fails to comply with PERB Regulation 32635, subdivision (a); where appeal consisted of a repaginated effective duplicate of the supplement to the amended charge and a letter asserting that the entire amended charge was the basis for the appeal, and failed to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal was taken, the page or part of the dismissal to which the appeal was taken, or the ground for each issue stated, the appeal was subject to dismissal. more or view all topics or full text.
05/25/12
2266E Oxnard Federation of Teachers (Collins)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Under PERB Regulation 32635, subdivision (a), the appeal must sufficiently place the Board and the respondent on notice of the issues raised on appeal; an appeal that merely reiterates facts alleged in the unfair practice charge, or does not reference the substance of the Board agent’s dismissal, fails to comply with PERB Regulation 32635, subdivision (a); where appeal consisted of a repaginated effective duplicate of the supplement to the amended charge and a letter asserting that the entire amended charge was the basis for the appeal, and failed to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal was taken, the page or part of the dismissal to which the appeal was taken, or the ground for each issue stated, the appeal was subject to dismissal. more or view all topics or full text.
05/25/12
2275E Service Employees International Union Local 1021 (Harris)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Under PERB Regulation 32635, subdivision (a), the appeal must sufficiently place the Board and the respondent on notice of the issues raised on appeal; an appeal that merely reiterates facts alleged in the unfair practice charge, or does not reference the substance of the Board agent’s dismissal, fails to comply with PERB Regulation 32635, subdivision (a); where appeal reiterates allegations in the charge concerning charging party’s dispute with his employer and his dissatisfaction with the union relative to that dispute but failed to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal was taken, the page or part of the dismissal to which the appeal was taken, or the ground for each issue stated, the appeal was subject to dismissal. more or view all topics or full text.
06/26/12
2256E Barstow College Faculty Association (Cauble)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Under PERB Regulation 32635, subdivision (a), the appeal must sufficiently place the Board and the respondent on notice of the issues raised on appeal; an appeal that merely reiterates facts alleged in the unfair practice charge, or does not reference the substance of the Board agent’s dismissal, fails to comply with PERB Regulation 32635, subdivision (a); where appeal failed to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal was taken, the page or part of the dismissal to which the appeal was taken, or the ground for each issue stated, the appeal was subject to dismissal; unless good cause is shown, a charging party may not present on appeal new charge allegations or new supporting evidence under PERB Regulation 32635, subdivision (b); no good cause to consider on appeal new allegations or new supporting evidence where dates of events alleged for the first time on appeal predate the dismissal of the charge and appeal provides no reason why these allegations could not have been included in the original or amended charges and why the new supporting evidence could not have been provided to the Board agent during the processing of the charge. more or view all topics or full text.
3616704/25/12
2259E Beaumont Teachers Association/California Teachers Association (Grace)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Under PERB Regulation 32635, subdivision (a), the appeal must sufficiently place the Board and the respondent on notice of the issues raised on appeal; an appeal that merely reiterates facts alleged in the unfair practice charge, or does not reference the substance of the Board agent’s dismissal, fails to comply with PERB Regulation 32635, subdivision (a); where appeal reiterated allegations in the charge and advanced no argument on appeal that was not considered and addressed by the Board agent, repeating almost verbatim text from a document attached to the amended charge, the appeal was subject to dismissal. more or view all topics or full text.
3617104/26/12
2260E Beaumont Teachers Association/California Teachers Association (Grace)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Under PERB Regulation 32635, subdivision (a), the appeal must sufficiently place the Board and the respondent on notice of the issues raised on appeal; an appeal that merely reiterates facts alleged in the unfair practice charge, or does not reference the substance of the Board agent’s dismissal, fails to comply with PERB Regulation 32635, subdivision (a); where appeal reiterated allegations in the charge and advanced no argument on appeal that was not considered and addressed by the Board agent, repeating almost verbatim text from a document attached to the amended charge, the appeal was subject to dismissal. more or view all topics or full text.
3617204/26/12
2226C Operating Engineers Local 3 (Williams)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Under PERB Regulation 32635, subdivision (a), the appeal must sufficiently place the Board and the respondent on notice of the issues raised on appeal; an appeal that merely reiterates facts alleged in the unfair practice charge, or does not reference the substance of the Board agent’s dismissal, fails to comply with PERB Regulation 32635, subdivision (a); where appeal failed to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal was taken, the page or part of the dismissal to which the appeal was taken, or the ground for each issue stated, the appeal was subject to dismissal; unless good cause is shown, a charging party may not present on appeal new charge allegations or new supporting evidence under PERB Regulation 32635, subdivision (b); where no reason was given for including new allegations in appeal rather than in charge or amended charge, good cause was not shown. more or view all topics or full text.
369312/09/11
2223E Baldwin Park Education Association (Hayek, et al.)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Unless good cause is shown, a charging party may not present on appeal new charge allegations or new supporting evidence under PERB Regulation 32635, subdivision (b); where charging party failed to present additional information to the Board agent at the charge processing stage of the proceedings, as specifically requested in the warning letter, because she was instead planning to present it when her case was heard, good cause was not shown. more or view all topics or full text.
369011/30/11
2215M Service Employees International Union, Local 1021 (Warren)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Appeal that merely restates facts alleged in charge but fails to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which the appeal is taken, or the grounds for each issue, is subject to dismissal on that basis alone; no good cause to consider new factual allegations provided for the first time on appeal that predate dismissal letter where no reason provided why they could not have been alleged in the charge; charging party is free to supplement the appeal during the 20-day timeframe for filing an appeal set forth in PERB Regulation 32635, subdivision (a); an addendum filed after the 20-day period has expired is untimely unless there is good cause to excuse the late filing under PERB Regulation 32136; no good cause to excuse a late-filed letter executed by a witness for charging party where the reason for the late filing was that the charging party and the witness had lost touch; filing the letter a month after it was executed does not demonstrate a conscientious effort to comply in a timely fashion. more or view all topics or full text.
367711/09/11
A392M Stanislaus Consolidated Fire Protection District
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Board did not find good cause to excuse respondent’s late-filed response to the appeal from the partial dismissal of the unfair practice charge under PERB Regulation 32136 where respondent filed its response eight days late and failed to supply the Board with any reasons for its late filing, thus depriving the Board the opportunity to determine whether the respondent made an honest mistake or whether the delay resulted from circumstances beyond respondent’s control or excusable misinformation for purposes of evaluating whether respondent made a conscientious effort to timely file; Board will not find good cause to excuse a late filing based on lack of prejudice alone where the Board is unable to determine whether respondent’s reasons for the late filing were reasonable and credible. more or view all topics or full text.
3610801/19/12
A393E Santa Monica Community College District
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Board found good cause to excuse respondent’s late-filed response to the appeal from the dismissal of the unfair practice charge under PERB Regulation 32136 where respondent’s response to the appeal was prepared in a timely fashion, respondent made a conscientious effort to timely file, respondent filed timely at a PERB regional office but due to a secretarial error failed to file at PERB headquarters, respondent corrected the filing defect immediately upon discovery, the charging party did not file a response to the administrative appeal, and there was no prejudice to charging party by the late filing. more or view all topics or full text.
3613402/29/12
A394M Stanislaus Consolidated Fire Protection District
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Board denied respondent’s request for extension of time to file request for reconsideration where respondent filed the request for extension of time four days after it was due under PERB Regulation 32132, subdivision (a), and one day after the request for reconsideration was due; these circumstances do not demonstrate that the respondent made a conscientious effort to timely file and therefore good cause to excuse the late-filed request for extension of time was not found to exist. more or view all topics or full text.
3618605/23/12
2286S American Federation of State, County, and Municipal Employees, Local 2620 (McGuire)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Appeal that merely restates facts alleged in original charge but failed to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or the grounds for each issue, is subject to dismissal. No good cause to consider new factual allegations provided for the first time on appeal that all predate dismissal letter, where no reason provided why they could not have been alleged in the original charge or in an amended charge. more or view all topics or full text.
09/24/12
2227M County of Ventura (Office of Agricultural Commissioner)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
No good cause found to consider new evidence on appeal concerning interpretation of collective bargaining agreement, where no evidence of good cause for failure to provide evidence to Board agent at charge processing stage. more or view all topics or full text.
369612/21/11
2267M County of Santa Clara * * * OVERRULED IN PART by Los Angeles Unified School District (2016) PERB Decision No. 2479
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
It is a well-established principle that the Board will give deference to ALJ credibility determinations absent evidence to support overturning such conclusions. Board finds no basis to overturn ALJ’s credibility determinations, factual findings, or legal conclusions. Applying standard set forth in PERB Regulation 32410(a), Board finds no good cause to consider new evidence on appeal. more or view all topics or full text.
05/25/12
2258M County of San Diego
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Appeal that merely restates facts alleged in original charge but fails to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or the grounds for each issue, is subject to dismissal. No good cause to consider new factual allegations provided for the first time on appeal that all predate dismissal letter, where no reason provided why they could not have been alleged in the original charge or in an amended charge. more or view all topics or full text.
3616904/26/12
2240E California School Employees Association (Erwin)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Appeal that merely restates facts alleged in original charge but failed to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or the grounds for each issue, is subject to dismissal. No good cause to consider new factual allegations provided for the first time on appeal that all predate dismissal letter, where no reason provided why they could not have been alleged in the original charge or in an amended charge. more or view all topics or full text.
3612702/24/12
2224E California School Employees Association (Milner)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Appeal that merely restates facts alleged in original charge but failed to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or the grounds for each issue, is subject to dismissal. No good cause to consider new factual allegations provided for the first time on appeal that all predate dismissal letter, where no reason provided why they could not have been alleged in the original charge or in the amended charge. more or view all topics or full text.
369111/30/11
2225M Service Employees International Union Local 1021 (Joshua)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
No good cause to consider new factual allegations provided for the first time on appeal where no reason provided why they could not have been alleged in the original charge or in an amended charge. more or view all topics or full text.
369211/30/11
2220E California School Employees Association and its Chapter 724 (Walker)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Appeal that fails to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or the grounds for each issue, is subject to dismissal pursuant to PERB Regulation 32635(a). Board does not consider new allegations and evidence, where appeal provides no reason why they could not have been alleged in the original charge or in an amended charge. more or view all topics or full text.
368411/16/11
A389E National School District
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Pursuant to PERB Regulation 32136, the Board may excuse a late filing for good cause. the Board has found good cause to exist when the explanation for the late filing was "reasonable and credible" and the delay did not cause prejudice to any party. Additionally, good cause is typically found when the late filing was caused by circumstances beyond the party's control. more or view all topics or full text.
351912/21/10
2208E California School Employees Association and its Chapter 724 (Davis)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
To satisfy the requirements of PERB Regulation 32635(a), the appeal must sufficiently place the Board “on notice of the issues raised on appeal.” Appeal that merely restates facts alleged in the original charge, but fails to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or grounds for each issue, is subject to dismissal. No good cause exists to consider documents presented for the first time on appeal that are either undated or bear dates that predate the dismissal of the charge, where appeal provides no reason why they could not have been alleged in the original charge or in an amended charge. more or view all topics or full text.
366110/06/11
2133E United Faculty of Grossmont-Cuyamaca Community College District (Tarvin)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
PERB Regulation 32635(b) prohibits a charging party from presenting new charge allegations or new supporting evidence on appeal absent a showing of good cause. The Board has found that good cause does not exist to consider new allegations on appeal when the evidence underlying the allegations was available to the charging party prior to the dismissal of the charge and the appeal fails to explain why the allegations could not have been made to the Board agent during the investigation. more or view all topics or full text.
3414009/21/10
2196S State of California (Department of Corrections and Rehabilitation, Avenal State Prison) * * * OVERRULED IN PART by County of Santa Clara (2013) PERB Decision No. 2321-M
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
To satisfy the requirements of PERB Regulation 32635(a), the appeal must sufficiently place the Board and the respondent “on notice of the issues raised on appeal.” Where arguments in support of appeal discuss the substance of the Board agent’s dismissal letter and make reference to specific pages of the letter, and respondent discussed the merits of those arguments in its response to the appeal, the appeal sufficiently put the Board and respondent on notice of the issues raised on appeal. more or view all topics or full text.
363008/12/11
2186M Service Employees International Union Local 521 (Chow)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Pursuant to PERB Regulation 32635(b), no good cause found to consider new allegations and evidence on appeal, where all of the dates of the events alleged for the first time on appeal predate the dismissal of the charge and the appeal provides no reason why they could not have been alleged in the original charge or in an amended charge. more or view all topics or full text.
36706/15/11
2187E California School Employees Association and its Chapter 746 (Perez)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
PERB has historically treated the filing of an amended charge after an unfair practice charge has been dismissed as an appeal from the dismissal of the charge. Where amended charge filed after dismissal of charge merely restates facts alleged in the original charge and fails to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or the grounds for each issue, it fails to comply with requirements for filing an appeal from dismissal under PERB Regulation 32635(a). Where appeal provides no reason why new allegations and evidence could not have been provided with the original charge or in a timely filed amended charge, Board finds no good cause to consider them on appeal. more or view all topics or full text.
36806/15/11
2174M County of Contra Costa
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
PERB Regulation 32635(b) prohibits a charging party from submitting new allegations and new supporting evidence on appeal absent good cause. In the absence of a showing as to why new allegations and evidence could not have been submitted previously to the Board agent, and because the new allegations and evidence predate the dismissal letter and therefore were known to charging party, Board does not find good cause to consider them on appeal. Where appeal states “Please consider my appeal for layoff by displacement as retaliatory due to my Union protected activities” but does not identify the specific issues to which the appeal is taken or the page or part of the Board agent’s dismissal appealed or state the grounds for appeal, the appeal fails to comply with the requirements set forth in PERB Regulation 32635(a). more or view all topics or full text.
356703/25/11
2069H State Employees Trades Council United (Ventura, et al.)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Charging parties sufficiently placed respondent, as well as the Board, on notice of the issues raised on appeal; therefore the appeal is not dismissed for failure to comply with PERB Regulation 32635(a). more or view all topics or full text.
3316810/05/09
2046E Alvord Educator's Association (Bussman)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Pursuant to PERB Regulation 32635(b) “unless good cause is shown, a charging party may not present on appeal new allegations or new supporting evidence.” Charging Party failed to demonstrate good cause as to why new claims that the union provided false information to PERB, and new details regarding the claim for violation of the duty of fair representation, were not included in the original or amended charge, and should be considered for the first time on appeal. more or view all topics or full text.
3312806/30/09
2050M Service Employees International Union Local 721 (Hagans and Toole)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
PERB Regulation 32635(b) prohibits a party from presenting new allegations and new supporting evidence in an appeal before PERB, unless good cause is shown. Allegations and evidence presented for the first time on appeal predated the Board agent’s dismissal letter and therefore were known to charging parties, yet they did not present them to the Board agent in an amended charge. Therefore, good cause did not exist for Board to consider new allegations and supporting evidence. more or view all topics or full text.
3313107/20/09
2051M Service Employees International Union Local 721 (Hagens and Toole)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
PERB Regulation 32635(b) prohibits a party from presenting new allegations and new supporting evidence in an appeal before PERB, unless good cause is shown. Allegations and evidence presented for the first time on appeal predated the Board agent’s dismissal letter and therefore were known to charging parties, yet they did not present them to the Board agent in an amended charge. Therefore, good cause did not exist for Board to consider new allegations and supporting evidence. more or view all topics or full text.
3313207/20/09
2035M Solano County Fair Association
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
PERB Regulation 32635(b) prohibits a party from presenting new supporting evidence in an appeal before PERB, unless good cause is shown. more or view all topics or full text.
3310206/09/09
2021E Alvord Unified School District
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Pursuant to PERB Regulation 32635(b) “unless good cause is shown, a charging party may not present on appeal new allegations or new supporting evidence.” Charging Party failed to demonstrate good cause as to why these matters should be considered for the first time on appeal. more or view all topics or full text.
337604/30/09
A370H Regents of the University of California
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Charging party’s request to reopen the case to file a factual letter, which was submitted after the charge had been dismissed and after time to appeal the dismissal had elapsed, is treated as an appeal of the dismissal. Such appeal cannot be considered unless PERB exercises its jurisdiction under PERB Regulation 32136 to excuse the late filing for good cause, which must be reasonable and credible. more or view all topics or full text.
324702/29/08
A373E Newport-Mesa Unified School District
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Charging party argued that he did not timely file an appeal of the dismissal of his charge because he was traveling out of “personal necessity.” He offered no further explanation or documentation to support or explain a delay of almost three months. The Board found his argument neither reasonable nor credible and denied his request to excuse his late-filed appeal. Charging party asserted, without further explanation, that “reasons of health” caused a delay in filing an appeal. The Board has held that a party must explain how an illness precluded timely filing, when arguing that a health-related reason delayed filing. Charging party did not satisfy this requirement. Therefore, Charging party did not demonstrate good cause to excuse his late-filed appeal. more or view all topics or full text.
327705/09/08
J024E Burlingame Elementary School District
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Unit modification petition does not rise to level of special importance necessary to establish basis for Board to request judicial review. more or view all topics or full text.
316102/14/07
1937M City of Commerce
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
As good cause was not shown, the Board did not consider the association’s new charge allegations or new supporting evidence regarding the MOU grievance procedures and provisions on appeal.) (PERB Reg. 32635(b). more or view all topics or full text.
323301/11/08
1923S State of California (Department of Corrections and Rehabilitation)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
PERB Regulation 32635 precludes a charging party from raising new allegations or new supporting evidence on appeal without good cause. Charging party failed to demonstrate good cause. more or view all topics or full text.
3114909/27/07
1777Ea King City Joint Union High School District
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
PERB Regulation 32410(a) provides, in part, that: “Any party to a decision of the Board itself may, because of extraordinary circumstances, file a request to reconsider the decision within 20 days following the date of service of the decision.” The joint request was filed well past the deadline to file a request for reconsideration. The Board found good cause to excuse the late filing in accordance with PERB Regulation 32136. Because of the unusual and extraordinarily dire nature of the circumstances resulting from the Board’s make whole order and the fact that it took the parties nearly a year since the issuance of its original decision to discover these circumstances, the Board found good cause to excuse the late filed joint request for reconsideration. Requests for reconsideration may only be granted under extraordinary circumstances. Consequently, the Board has strictly applied the limited grounds included in PERB Regulation 32410 to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided. Reconsideration based on newly discovered evidence is to allow the Board “to have access to evidence which was unavailable at the time of hearing which could affect the underlying determination.” In this case, the dire consequences on the District and its employees resulting from complying with the remedy in the Board’s original decision could not be ascertained by the parties at the outset. more or view all topics or full text.
316402/16/07
1858E California School Employees Association and Its Chapter 198 (Bruce)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
An appeal to the Board must conform to the requirements of PERB Regulation 32635. In this case charging party failed to set forth “the specific issues of procedure, fact, law or rationale to which the appeal is taken.” Charging party also does not “[i]dentify the page or part of the dismissal to which each appeal is taken” nor does it “[s]tate the grounds for each issue stated.” A charging party may not raise new allegations or present new supporting evidence on appeal without establishing good cause. Charging party articulated facts on appeal in an apparent effort to clarify her original charge, but she did not established good cause for this additional information to be considered. more or view all topics or full text.
31309/07/06
1870H Regents of the University of California
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Unless good cause is shown, a charging party may not present on appeal new charge allegations or new supporting evidence. more or view all topics or full text.
313412/28/06
1872E Public Employees Union Local 1 (Pina)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Unless good cause is shown, a charging party may not present on appeal new charge allegations or new supporting evidence. more or view all topics or full text.
313612/29/06
1877M County of Santa Clara
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Unless good cause is shown, a charging party may not present on appeal new charge allegations or new supporting evidence. more or view all topics or full text.
314201/10/07
1855H Coalition of University Employees (Higgins)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
The Board dismissed the charge because the appeal did not meet the requirements of PERB Regulation 32635. The appeal did not state the specific basis for the appeal, raised new allegations without good cause and did not meet technical requirements. more or view all topics or full text.
3015708/29/06
J023H California Faculty Association
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Unit clarification request does not rise to level of special importance necessary to establish basis for Board to request judicial review. more or view all topics or full text.
295112/29/04
1577Ma County of Riverside
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Board finds employees retirement does not so impact the decision and order that the case is rendered moot because the central issue was the charging party’s right to grieve over promotions, not whether the individual employee could currently pursue her own grievance. more or view all topics or full text.
2811803/18/04
1511E Santa Rosa Junior College
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Board refused to consider new allegations on appeal where charging party had not shown why the allegations could not have been brought earlier. more or view all topics or full text.
274705/05/03
1522E Sonoma Valley Unified School District
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Board refused to consider new allegations on appeal where charging party had not shown why the allegations could not have been brought earlier. more or view all topics or full text.
277205/13/03
1523E California School Employees Association (De Lauer)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Board refused to consider new allegations on appeal where charging party had not shown why the allegations could not have been brought earlier. more or view all topics or full text.
277305/13/03
1537E Public Employees Union, Local #1 (Davidson)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Board refused to consider new allegations on appeal where charging party had not shown why the allegations could not have been brought earlier. more or view all topics or full text.
279806/24/03
1619S State of California (Department of Forestry and Fire Protection)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Pursuant to PERB Reg. 32635(b), Board will not consider new evidence on appeal where charging party has not shown why the evidence could not have been presented below. more or view all topics or full text.
2813304/16/04
1552E Los Angeles Unified School District * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Bailey has not shown good cause to present issues in the amended charge, which was not served on the District and was not timely filed, in her appeal. Bailey also raised unspecified complaints against her supervisor for events that occurred from November 2000 to October 2001. Since she did not describe the nature of these complaints nor justify why they were raised for the first time on appeal, she did not show good cause to present these allegations at this time. more or view all topics or full text.
28710/21/03
1546S State of California (Department of Corrections)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Board dismissed employee’s appeal where employee only sought to amend complaint. Proper procedure to amend a complaint is through PERB Regulations 32647 and 32648. more or view all topics or full text.
2711808/13/03
1529E Oakland Unified School District
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
PERB Regulation 32635(b) precludes a charging party from presenting new evidence on appeal unless there is good cause. Good cause may be present in a situation where charging party fails to rebut an issue in its amended charge because: (1) Charging Party unsuccessfully requested evidence cited in the warning letter before filing an amended charge; (2) the amended charge offered an alternative view of the events sufficient to show a nexus; and, (3) Charging Party reasonably believed it did not have to contradict the respondent’s defense because the warning letter did not address the administrative leave issue and it comprised an affirmative defense to a prima facie case. more or view all topics or full text.
279106/20/03
1491Sa State of California (State Personnel Board)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
The Board rejects SPB’s contention that the appropriate remedy for aggrieved employees should the Board find SPB in violation of the Dills Act is through writ of mandate under Code of Civil Procedure Sections 1084 and 1085; the Board would be relinquishing its responsibilities under the Dills Act to allow such a result. Such a result would conflict with the principles of exhaustion of administrative remedies and PERB’s preemptive jurisdiction over Dills Act issues. more or view all topics or full text.
271711/12/02
2485E Petaluma City Elementary School District/Joint Union High School District
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
Although charging party’s appeal did little more than reiterate the factual allegations of the charge and advanced no argument or authority that was not already considered and addressed by the Office of the General Counsel’s investigation of the charge, in arguing that the Office of the General Counsel reached the wrong conclusion based on the factual allegations, i.e., incorrectly applied the law to the factual allegations included in the charge, the appeal substantially complied with the requirement that the appeal place the Board and the respondent on notice of the issues, by identifying the substance of the dismissal and the specific issue(s) of fact, law, or application of law to fact, from which appeal is taken. A contrary rule would preclude the Board from reviewing a dismissal, even when the decision was manifestly incorrect. more or view all topics or full text.
412306/30/16
1950M IBEW Local 1245 (Neronha)
1109.1000: CASE PROCESSING PROCEDURES; ISSUES ON APPEAL; In General
The Board upheld the Board agent’s dismissal of an unfair practice charge because the appeal did not meet the requirements of PERB Regulation 32635. The appeal did not state the grounds for the issue raised in the appeal. more or view all topics or full text.
326203/28/08