Decision 0331E – Los Angeles Community College District (Watts) * * * OVERRULED IN PART by Santa Ana Unified School District (2017) PERB Decision No. 2514

LA-PN-37

Decision Date: August 15, 1983

Decision Type: PERB Decision

* * * OVERRULED IN PART by Santa Ana Unified School District (2017) PERB Decision No. 2514 * * *

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Perc Vol: 7
Perc Index: 14223

Decision Headnotes

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.01000 – In General

* * * OVERRULED IN PART ON OTHER GROUNDS by Santa Ana Unified School District (2017) PERB Decision No. 2514. * * *
Hearing required only when material facts are in dispute.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.04000 – Attorneys Fees and Costs

* * * OVERRULED IN PART ON OTHER GROUNDS by Santa Ana Unified School District (2017) PERB Decision No. 2514. * * *
Where Board ordered complainant to cease and desist in filing charges where issues earlier resolved, attorneys fees will not be provided where charge was filed before such order was issued, or where the Office of the General Counsel has determined that complainant stated a prima facie case.

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.03000 – NLRA/LMRDA Precedent

* * * OVERRULED IN PART ON OTHER GROUNDS by Santa Ana Unified School District (2017) PERB Decision No. 2514. * * *
Public Notice complaint procedures similar to NLRA UP case processing. NLRB authorizes hearing office to dismiss complaint deemed not to state a prima facie by general counsel. Cites Cherry Rivet Co. (1951) 29 LRRM 1237.

1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
1104.02000 – Motions

* * * OVERRULED IN PART by Santa Ana Unified School District (2017) PERB Decision No. 2514, where the Board held that a decision to grant a motion to dismiss after a complaint has issued can be appealed pursuant to Regulation 32635 and is not subject to the appellate limitations of Regulation 32190, which is limited to interlocutory matters. * * *
ALJ has authority to dismiss complaint in response to motion to dismiss. Motion to dismiss is likened to judgment on the pleadings.

1502.00000 – MISCELLANEOUS ISSUES; PUBLIC NOTICE
1502.02000 – Initial Proposals

* * * OVERRULED IN PART ON OTHER GROUNDS by Santa Ana Unified School District (2017) PERB Decision No. 2514. * * *
Where initial proposals were agendaed on May 6 for public input, public input not required when same proposals agendaed on May 20.

1502.00000 – MISCELLANEOUS ISSUES; PUBLIC NOTICE
1502.05000 – Public Input

* * * OVERRULED IN PART ON OTHER GROUNDS by Santa Ana Unified School District (2017) PERB Decision No. 2514. * * *
Where initial proposals were agendaed on May 6 for public input, public input not required when same proposals agendaed on May 20.

1502.00000 – MISCELLANEOUS ISSUES; PUBLIC NOTICE
1502.07000 – Scope of Obligation

Where initial proposals were agendaed on May 6 for public input, same proposals agendaed on May 20 not required for public input.