Decision 1228E – Little Lake School District (Garcia)
Decision Date: November 13, 1997
Decision Type: PERB Decision
Description: Employee appealed dismissal of unfair practice charge against District claiming it harassed and terminated her.
Disposition: Dismissed. Employee failed to prove District had knowledge of her protected activities.
Perc Vol: 22
Perc Index: 29008
501.01000 – In General; Elements of Prima Facie Case
Where charge failed to allege that respondent had any knowledge of charging party's protected activity prior to taking adverse action or that any protected activity motivated the respondent's actions, charge failed to state a cause of action for discrimination under the EERA; p. 3, warning letter.
1100.01000 – In General/Prima Facie Case
Charge must allege the "who, what, when, where and how" of an unfair practice charge United Teachers of Los Angeles (Ragsdale) (1992) PERB Decision No. 944; p. 3, warning letter. Mere legal conclusions without sufficient supporting facts are insufficient to state a prima facie case; p. 3, warning letter. Sending a letter to PERB is not equivalent to filing an unfair practice charge; p. 3, dismissal letter.
1100.08000 – Pleading Requirements
Sending a letter to PERB is not equivalent to filing an unfair practice charge; p. 3, dismissal letter.
1101.01000 – In General
EERA section 3541.5(a)(1) prohibits the Board from issuing a complaint based on an alleged unfair practice occurring more than six months prior to the filing of the charge; p. 3, warning letter. Sending a letter to PERB does not stay the statute of limitations; p. 3, dismissal letter.