Decision 0910H – California State University, San Francisco
SF-CE-319-H
Decision Date: November 18, 1991
Decision Type: PERB Decision
Perc Vol: 15
Perc Index: 22178
Decision Headnotes
505.01000 – In General
Board upheld ALJ's determination of no violation of HEERA section 3571(a), where insufficient evidence of nexus.
504.14000 – Other/In General
Board upheld ALJ's determination of no violation of HEERA section 3571(a), where insufficient evidence of nexus.
505.06000 – Inefficiency or Incompetence
Board affirms ALJ determination of insufficient nexus where it is shown that employer terminated employment because of failure to perform adequately.
505.13000 – Other
Board upheld ALJ's determination of no violation of HEERA section 3571(a), where insufficient evidence of nexus.
1105.01000 – In General
Only matters of record can be considered on appeal before the Board itself. PERB Regulation 32300(b).
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Only evidence of record may be considered on appeal before the Board itself. PERB Regulation 32300(b). Testimonial and documentary evidence sought to be entered into the record for the first time on appeal before the Board will not be considered.
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions
Board generally grants deference to ALJ's determinations on credibility issues, as the ALJ has the opportunity to observe the demeanor of the witnesses, whereas the Board can consider only the cold transcripts.
1503.02000 – Regulations Considered (By Number)
PERB Regulation 32300(b): Board refuses to consider evidence sought to be entered into record on appeal of proposed decision before the Board.