Decision 0856E – Elk Grove Unified School District

S-CE-1347

Decision Date: December 17, 1990

Decision Type: PERB Decision

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Perc Vol: 15
Perc Index: 22009

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Individual employee does not have standing to allege a violation of 3543.5(c); pp. 4, 5.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
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.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
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.

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.