Decision 1071S – State of California (Food and Agriculture)
LA-CE-295-S
Decision Date: November 30, 1994
Decision Type: PERB Decision
Description: State unilaterally changed the grievance procedure without negotiating.
Disposition: Dismissed for failure to state a prima facie case.
Perc Vol: 19
Perc Index: 26028
Decision Headnotes
1100.01000 – In General/Prima Facie Case
32615(a)(5) states that a charge shall contain a "clear and concise statement of the facts and conduct alleged to constitute an unfair practice." A charging party should allege the "who, what, when, where and how" of an unfair practice. Legal conclusions are not enough; p. 2, warning letter.
1100.08000 – Pleading Requirements
32615(a)(5) states that a charge shall contain a "clear and concise statement of the facts and conduct alleged to constitute an unfair practice." A charging party should allege the "who, what, when, where and how" of an unfair practice. Legal conclusions are not enough; p. 2, warning letter.
1503.03000 – Regulations Considered (By Number) (Continued)
32615(a)(5) states that a charge shall contain a "clear and concise statement of the facts and conduct alleged to constitute an unfair practice." A charging party should allege the "who, what, when, where and how" of an unfair practice. Legal conclusions are not enough; p. 2, warning letter. 32635(b). Good cause must be shown to justify presenting a new allegation on appeal; p. 2.