Decision 0874E – Los Angeles Unified School District (Woods)
LA-CE-2908
Decision Date: April 10, 1991
Decision Type: PERB Decision
Perc Vol: 15
Perc Index: 22069
Decision Headnotes
300.12000 – Insistence on Union Representation
Employee meeting with union representative re: job related issues and requesting union representation when meeting with his supervisor are protected activities.
300.01000 – In General
Employee meeting with union representative re: job related issues and requesting union representation when meeting with his supervisor are protected activities.
1100.01000 – In General/Prima Facie Case
Board remanded case in which ALJ mislead charging party as to the scope of evidence he could present re: protected activity.
1100.04000 – Amendments
During the hearing, any instruction from the ALJ to the charging party regarding the charging party's burden of establishing protected activity should, at a minimum, reflect the allegations of protected activity contained in the amended complaint; and the ALJ's characterization of the amendment to the complaint as mere background is erroneous and misleading.
1105.03000 – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses
During the hearing, any instruction from the ALJ to the charging party regarding the charging party's burden of establishing protected activity should, at a minimum, reflect the allegations of protected activity contained in the amended complaint.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board excused the one-day late filing for good cause; and, because the District responded to charging party's statement of exceptions, the Board had the opportunity to consider both parties' arguments.
1107.03000 – Remand for Further Hearing; Remand to General Counsel
The hearing is ordered to be reopened due to ALJ misstatements and charging party and district be permitted to introduce additional evidence, including, but not limited to, additional testimony of those witnesses who testified at the hearing; and, thus, the case is remanded to the Chief Administrative Law Judge who is to proceed in accord with the relevant discussion.
1107.11000 – Request for Oral Argument
Because this case is being remanded and the hearing reopened, the Board finds it is unnecessary to decide whether or not to direct oral argument.