Decision 1202S – State of California (State Teachers Retirement System (Ramirez and Roberts)
SA-CE-890-S
Decision Date: June 4, 1997
Decision Type: PERB Decision
Description: Employees appealed dismissal of their charge that employer unlawfully retaliated against them.
Disposition: Dismissed. Employees failed to demonstrate that employer’s conduct was unlawfully motivated.
Perc Vol: 21
Perc Index: 28109
Decision Headnotes
1503.03000 – Regulations Considered (By Number) (Continued)
Regulation 32635(b) requires the charging party to show good cause for submitting new evidence and allegations for the first time on appeal, or it will not be considered by the Board; p. 2. Regulation 32615(a)(5) requires an unfair practice charge to include a clear and concise statement of the facts and conduct alleged to constitute an unfair practice; p. 3, warning letter.
503.01000 – In General
To establish a prima facie discrimination violation, the Charging Party must show how the action adversely affected the employee's employment under an objective standard allowing coworker to swear at discriminatee insufficient; p. 2, dismissal letter; p. 5, warning letter.
1100.05000 – Dismissal of Charge; Appeal
Regulation 32635(b) requires the charging party to show good cause for submitting new evidence and allegations for the first time on appeal, or it will not be considered by the Board; p. 2.
1100.08000 – Pleading Requirements
Regulation 32615(a)(5) requires an unfair practice charge to include a clear and concise statement of the facts and conduct alleged to constitute an unfair practice; p. 3, warning letter. The charging party bears the burden of alleging the who, what, where and how of an unfair practice; memos from unnamed individuals insufficient; p. 4, warning letter; p. 2, dismissal letter.
1107.06000 – De Novo Review; Standard of Review by Board
Regulation 32635(b) requires the charging party to show good cause for submitting new evidence and allegations for the first time on appeal, or it will not be considered by the Board; p. 2.
1107.19000 – Motion to Reopen Record
Regulation 32635(b) requires the charging party to show good cause for submitting new evidence and allegations for the first time on appeal, or it will not be considered by the Board; p. 2.
1107.20000 – Other
Regulation 32635(b) requires the charging party to show good cause for submitting new evidence and allegations for the first time on appeal, or it will not be considered by the Board; p. 2.