Decision 0952E – Sacramento City Unified School District

S-CE-1491

Decision Date: September 10, 1992

Decision Type: PERB Decision

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Perc Vol: 16
Perc Index: 23152

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Prior Notice and Opportunity to Bargain

Charging party failed to demonstrate that the employer refused to bargain over the decision to transfer bargaining unit work nor was it demonstrated that a recent request to bargain would be futile; p. 2, warning letter.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

Failure to state a prima facie case of unilateral change as charging party failed to demonstrate that the employer refused to bargain over the decision to transfer bargaining unit work nor was it demonstrated that a recent request to bargain would be futile; p. 2, warning letter.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

32635(b) provides that new charge allegations or supporting evidence may not be presented on appeal without showing good cause. Here the evidence presented dealt with events which occurred after the dismissal. Charging party may file a new charge including this evidence.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.06000 – De Novo Review; Standard of Review by Board

32635(b) provides that new charge allegations or supporting evidence may not be presented on appeal without showing good cause. Here the evidence presented dealt with events which occurred after the dismissal. Charging party may file a new charge including this evidence.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

32635(b) provides that new charge allegations or supporting evidence may not be presented on appeal without showing good cause. Here the evidence presented dealt with events which occurred after the dismissal. Charging party may file a new charge including this evidence.