Decision 1280E – Hacienda La Puente Unified School District

LA-C-235 (LA-CE-3576)

Decision Date: August 27, 1998

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29149

Decision Headnotes

1108.00000 – UNFAIR PRACTICE PROCEDURES; COMPLIANCE
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.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
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.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.08000 – Expunging Employee Personnel Files

Removal of materials from personnel file not appropriate where no indication of reprisal for protected activities.