Decision 1280E – Hacienda La Puente Unified School District
Decision Date: August 27, 1998
Decision Type: PERB Decision
Description: District appealed Board agent’s decision ordering the District to comply with prior Board Order awarding attorney’s fees and costs.
Disposition: Violation found. District ordered to comply with document production per order and to pay Union attorneys’ costs and fees. .
Perc Vol: 22
Perc Index: 29149
1108.01000 – In General
Where Board order requires District to take certain actions, District bears the burden of proving compliance with an order; p. 6, proposed dec. Compliance hearings cannot be used to litigate defenses that were not raised during the underlying unfair practice hearing; p. 10, proposed dec.
1205.04000 – Attorneys Fees and Costs
Case law and EERA section 3541.3(h) permit the Board to award attorney's fees and costs where a case is without arguable merit, frivolous, vexatious, dilatory, pursued in bad faith or otherwise an abuse of process; p. 4. An absolute refusal to comply with a Board order is sufficient to justify an award of attorney's fees and costs to the charging party.
1205.08000 – Expunging Employee Personnel Files
Removal of materials from personnel file not appropriate where no indication of reprisal for protected activities.