Decision 1060E – Los Angeles Community College District (Mrvichin)
LA-CE-3415
Decision Date: October 5, 1994
Decision Type: PERB Decision
Description: District discriminated against employee for his exercise of protected activity.
Disposition: Remanded to General Counsel for further investigation.
Perc Vol: 18
Perc Index: 25150
Decision Headnotes
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.
1107.01000 – 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.
1107.03000 – 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.
1500.02000 – 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.
1503.03000 – 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.