Decision 0856E – Elk Grove Unified School District
S-CE-1347
Decision Date: December 17, 1990
Decision Type: PERB Decision
Disposition: The Board affirmed a Board agent’s dismissal of an unfair practice charge alleging a violation of 3543.5(a) on the grounds that the charging party alleged no facts that she engaged in protected activity. The Board declined to consider whether the Board agent properly dismissed the 3543.5(c) charge since the Association, the only charging party who had standing to appeal the (c) violation, was not a party to the appeal.
Perc Vol: 15
Perc Index: 22009
Decision Headnotes
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Where the only charging party with standing to appeal dismissal of 3543.5(c) violation does not appeal, the Board may have discretion to examine the propriety of the dismissal, but here there is no compelling interest for Board to review dismissal of that portion of the charge; p. 6.
1100.03000 – Standing
Individual employee does not have standing to allege a violation of 3543.5(c); pp. 4, 5.
1107.18000 – Review of Findings Not Excepted To
Where the only charging party with standing to appeal dismissal of 3543.5(c) violation does not appeal, the Board may have discretion to examine the propriety of the dismissal, but here there is no compelling interest for Board to review dismissal of that portion of the charge; p. 6.
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
Individual employee does not have standing to allege a violation of 3543.5(c); pp. 4, 5.
501.01000 – In General; Elements of Prima Facie Case
Charging party did not plead prima facie case of discrimination since she did not plead facts alleging she engaged in protected activity; p. 5.
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Where the only charging party with standing to appeal dismissal of 3543.5(c) violation does not appeal, the Board may have discretion to examine the propriety of the dismissal, but here there is no compelling interest for Board to review dismissal of that portion of the charge; p. 6.
1107.06000 – De Novo Review; Standard of Review by Board
Where the only charging party with standing to appeal dismissal of 3543.5(c) violation does not appeal, the Board may have discretion to examine the propriety of the dismissal, but here there is no compelling interest for Board to review dismissal of that portion of the charge; p. 6.