Decision 0460E – Monrovia Unified School District

Amendment to statute adding discipline short of dismissal to section 3543.2 did not abrogate existing contractual language ceding disciplinary authority to employer.

At hearing ALJ properly refused to permit amendment because of lapse of six-month period. It was no consequence that allegations concerning attempted amendment were alluded to in documents accompanying charge. Employer's response in answer to the buried allegations did not serve to cure the charging party's failure to make clear allegation.

Statutory amendment adding discipline short of dismissal to section 3543.2 does not mean that the subject was previously outside of scope. The addition of a new enumerated subject means only that the subject no longer must analyzed under Anaheim balancing test.

Employer that enforced discipline less than dismissal made no change when acting under contract clause granting it power to "determine, implement . . . change, [and] modify" discipline.