Decision 0336E – Los Angeles Unified School District
LA-PN-38
Decision Date: August 18, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14228
Decision Headnotes
1104.02000 – Motions
Offer, during hearing, of settlement agreement properly deferred to settlement conference setting. Use of settlement agreement, not a part of the record, for purposes of attempting to specify a remedy proper. Motion to correct transcript to identify voice on record properly denied where voice identification not possible and remarks not used in decision. Motion to reopen the record. Charging party's failure to pursue discrepancy in testimony of witness where such discrepancy known before the hearing forecloses affirmative grant of motion to reopen the record. Charging party's failure to pursue discrepancy in testimony of witness where such discrepancy known before the hearing forecloses affirmative grant of motion to reopen the record. Under section 3547(d), new subjects of negotiations need not be placed upon school board's agenda. Under section 3547(d), new subjects of negotiations need not be placed upon school board's agenda.
1105.01000 – In General
Official notice of documents of companion case, appeal of partial dismissal of public notice complaint is appropriate, not necessary to read each into the record but rather to incorporate, by reference.
1105.02000 – Background Evidence and Matters Not Alleged
Where ALJ enlarged scope of issues to resolve question of compliance with public notice requirements by use of public information file, ALJ improperly limited witnesses offered by charging party that might have shed light on issue.
1105.18000 – Relevance
Action by school board under its internal complaint procedures not relevant to PERB's analysis of public notice complaint compliance.
1502.04000 – New Subjects
Under section 3547(d) new subjects of negotiations need not be placed upon school board's agenda.
1502.07000 – Scope of Obligation
Whether placement of new proposals in public information file is sufficiently public to meet 3547(d) not ascertainable from record.
1100.10000 – Request for Assistance
Under Reg. 37030 PERB representatives are to provide technical assistance not legal representation.
1503.02000 – Regulations Considered (By Number)
Under Reg. 37030 PERB representatives are to provide technical assistance not legal representation.
1107.03000 – Remand for Further Hearing; Remand to General Counsel
Remand appropriate where neither party permitted to address issue at hearing and charging party not permitted to present witnesses on the issue.
1107.19000 – Motion to Reopen Record
Charging party's failure to pursue discrepancy in testimony of witness where such discrepancy known before the hearing forecloses affirmative grant of motion to reopen the record. Under section 3547(d), new subjects of negotiations need not be placed upon school board's agenda.