Decision 1060E – Los Angeles Community College District (Mrvichin)

LA-CE-3415

Decision Date: October 5, 1994

Decision Type: PERB Decision

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Perc Vol: 18
Perc Index: 25150

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

The issue of "standing" (jurisdiction over the parties) is separate and distinguishable from the issue of whether the elements of a prima facie case exist. Neither the EERA jurisdictional statute nor PERB regulations requires a charging party to establish "prima facie standing;" p. 8.

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

In cases where PERB jurisdiction is in question, the issue can be considered at any stage, and in the absence of an abuse of process, the Board is duty bound to make inquiry. Thus good cause under reg. 32635(b) need not be demonstrated; p. 7.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.03000 – Remand for Further Hearing; Remand to General Counsel

Based on additional information brought to the Board's attention on appeal (Ed. Code sec. 87737), it is possible that charging party still had standing as an employee at the time of the alleged unfair practice. The Board remands the case to the General Counsel for further investigation; p. 6.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.02000 – Education Code Sections Considered by PERB (By Number)

Based on additional information brought to the Board's attention on appeal (Ed. Code sec. 87737), it is possible that charging party still had standing as an employee at the time of the alleged unfair practice. The Board remands the case to the General Counsel for further investigation; p. 6.

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

In cases where PERB jurisdiction is in question, the issue can be considered at any stage, and in the absence of an abuse of process, the Board is duty bound to make inquiry. Thus good cause under reg. 32635(b) need not be demonstrated; p. 7.