Decision 0562Ea – Riverside Unified School District

LA-CE-2188

Decision Date: May 16, 1986

Decision Type: PERB Decision

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Perc Vol: 10
Perc Index: 17103

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

Employee unaffected by alleged unilateral change cannot bring charge.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.10000 – Request for Reconsideration

Request denied where arguments are primarily assertions previously presented.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

Even though appeal filed prematurely, Board held that dismissal improper due to charging party's pro per status.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Dismissal for "false" facts in charge improper; facts alleged in charge must be assumed true. Dismissal proper where regional attorney receives supplemental, non- contradictory information during investigation which is not rebutted by charging party. Dismissal proper (no prima facie case) where no facts to raise an inference that protected activity was a causation factor in employer decision.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.02000 – Burden of Proof; Evidence

Dismissal proper where charging party admits no evidence exists to support charge.

1000.00000 – SCOPE OF REPRESENTATION
1000.02064 – Hours of Work

Employee unaffected by alleged unilateral change cannot bring charge.