Decision 1239H – Regents of the University of California (Harris)

LA-CE-490-H

Decision Date: December 4, 1997

Decision Type: PERB Decision

Description: Employee appealed dismissal of unfair practice charge alleging University violated HEERA when it denied employee’s request for a salary increase.

Disposition: Dismissed. Employee failed to show he participated in protected activity.

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Perc Vol: 22
Perc Index: 29027

Decision Headnotes

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

No discrimination where charging party failed to allege protected activity.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.19000 – Newly Discovered Evidence

To present additional evidence after the filings are complete on appeal, party must show good cause. (PERB Reg. 32635(b).) When the information presented involved recent events and could not have been offered earlier, good cause is shown. (Santa Clarita Community College District (1996) PERB Decision No. 1178; Regents of the University of California (1994) PERB Decision No. 1058-H.) While the information submitted met the good cause requirement and was relevant to the unfair practice charge, it did not alter the outcome of the case.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

To present additional evidence after the filings are complete on appeal, party must show good cause. (PERB Reg. 32635(b).) When the information presented involved recent events and could not have been offered earlier, good cause is shown. (Santa Clarita Community College District (1996) PERB Decision No. 1178; Regents of the University of California (1994) PERB Decision No. 1058-H.) While the information submitted met the good cause requirement and was relevant to the unfair practice charge, it did not alter the outcome of the case.