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

1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
1104.06000 – Authority of ALJ to Dismiss Complaint on Own Motion

ALJ has authority to dismiss complaint in response to motion to dismiss. Motion to dismiss is likened to judgment on the pleadings.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.01000 – In General

Hearing required only when material facts are in dispute.

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

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, nor where the regional office has determined that a prima facie case was made.

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

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

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

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

1502.00000 – MISCELLANEOUS ISSUES; PUBLIC NOTICE
1502.05000 – Public Input

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

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.