Decision 1228E – Little Lake School District (Garcia)

LA-CE-3813

Decision Date: November 13, 1997

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29008

Decision Headnotes

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.08000 – Pleading Requirements

Sending a letter to PERB is not equivalent to filing an unfair practice charge; p. 3, dismissal letter.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.