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.

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Perc Vol: 21
Perc Index: 28071

Decision Headnotes

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
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.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.02000 – Post Arbitration; Repugnancy

Charging party bears burden of proving charge timely filed; p. 1, warning letter.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Exclusively represented individual employee lacks standing to challenge employer refusal to meet and confer in good faith; p. 6, warning letter.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

Charging party bears burden of proving charge timely filed; p. 1, warning letter.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.