Decision 0910H – California State University, San Francisco

SF-CE-319-H

Decision Date: November 18, 1991

Decision Type: PERB Decision

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Perc Vol: 15
Perc Index: 22178

Decision Headnotes

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
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.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
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.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.13000 – Other

Board upheld ALJ's determination of no violation of HEERA section 3571(a), where insufficient evidence of nexus.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.01000 – In General

Only matters of record can be considered on appeal before the Board itself. PERB Regulation 32300(b).

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.