Decision 1191E – Bakersfield City School District (Guerra)
LA-CE-3710
Decision Date: April 3, 1997
Decision Type: PERB Decision
Description: Employee appealed dismissal of his charge that District unlawfully retaliated against him.
Disposition: Dismissed. Employee failed to demonstrate that District’s action was unlawfully motivated.
Perc Vol: 21
Perc Index: 28071
Decision Headnotes
1102.01000 – Pre-Arbitration
Board lacks jurisdiction over charge where grievance machinery of collective bargaining agreement covers the matter at issue and culminates in binding arbitration; p. 4, warning letter.
1102.02000 – Post Arbitration; Repugnancy
Charging party bears burden of proving charge timely filed; p. 1, warning letter.
504.14000 – Other/In General
No prima facie case where charge does not allege any connection between protected conduct and discrimination; p. 2, warning letter.
1100.02000 – Investigation of Charge
Vague statement which fails to allege specific facts underlying unfair practice charge does not comply with requirements of PERB Regulation 32615; p. 6, warning letter.
1100.03000 – Standing
Exclusively represented individual employee lacks standing to challenge employer refusal to meet and confer in good faith; p. 6, warning letter.
1101.01000 – In General
Charging party bears burden of proving charge timely filed; p. 1, warning letter.
1503.03000 – Regulations Considered (By Number) (Continued)
32615 - Vague statement which fails to allege specific facts underlying unfair practice charge does not comply with requirements of PERB Regulation 32615; p. 6, warning letter.