Decision 0875E – Los Rios Community College District

S-CE-1387-1403

Decision Date: May 14, 1991

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 15
Perc Index: 22081

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.08000 – Pleading Requirements

Board dismissed unfair practice charges where even assuming charging parties engaged in protected activity, there were no factual allegations that District had knowledge of protected activity or that District took its actions as a result of such activity; p. 14. Board dismissed unfair practice charges where charging parties failed to present any facts which would establish that they engaged in protected activity; pp. 13-14.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.09000 – Consolidation, Severance, or Bifurcation of Proceedings

Consolidation of 17 charges appropriate on appeal where allegations in charges are identical, charging parties are similarly situated, and warning and dismissal letters in the separate charges were substantially identical; p. 6.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

As PERB Regulation 32635 only provides for the filing of an appeal and a statement in opposition to an appeal, Board did not consider charging parties' additional and supplemental statements in reaching its decision; p. 13.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.20000 – Other

As allegations in unfair practice charges are identical and charging parties are similarly situated, Board found consolidation to be appropriate; p. 6.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

32635: As PERB Regulation 32635 only provides for the filing of an appeal and a statement in opposition to an appeal, Board did not consider charging parties' additional and supplemental statements in reaching its decision; p. 13.

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

No violation of section 3543.5(a) where District excluded certain part-time teachers from eligibility for a 20-year longevity, four percent salary bonus step in current collective bargaining agreement; p. 6. Board dismissed unfair practice charges where even assuming charging parties engaged in protected activity, there were no factual allegations that District had knowledge of protected activity or that District took its actions as a result of such activity; p. 14. Board dismissed unfair practice charges where charging parties failed to present any facts which would establish that they engaged in protected activity; pp. 13-14.