Decision 0336E – Los Angeles Unified School District

LA-PN-38

Decision Date: August 18, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14228

Decision Headnotes

1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

Under Reg. 37030 PERB representatives are to provide technical assistance not legal representation.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.10000 – Request for Assistance

Under Reg. 37030 PERB representatives are to provide technical assistance not legal representation.

1502.00000 – MISCELLANEOUS ISSUES; PUBLIC NOTICE
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.

1502.00000 – MISCELLANEOUS ISSUES; PUBLIC NOTICE
1502.04000 – New Subjects

Under section 3547(d) new subjects of negotiations need not be placed upon school board's agenda.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.18000 – Relevance

Action by school board under its internal complaint procedures not relevant to PERB's analysis of public notice complaint compliance.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
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.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.