Decision 1303E – Coachella Valley Unified School District

LA-CE-3822

Decision Date: December 11, 1998

Decision Type: PERB Decision

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Perc Vol: 23
Perc Index: 30027

Decision Headnotes

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

A charge which does not provide a clear and concise statement of the alleged retaliatory conduct by the employer does not state a prima facie violation of the EERA; p. 4, dismissal letter; p. 6, warning letter.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

The employer had no duty to arbitrate the grievance as the employer's actions occurred after the expiration of the contract, the conduct did not infringe on vested rights under the agreement and the agreement has no separate authority that under normal principals of contract interpretation, require the continuation of the contract provision, citing State of California, Department of Youth Authority PERB Decision No. 962; p. 4, dismissal letter; p. 6, warning letter.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

Charge filed in July 1997 alleging discrimination in January 1997 does not comport with section 3541.5(a) which provides that PERB shall not issue a complaint in any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge; p. 4, dismissal letter. A charge which does not provide a clear and concise statement of the alleged retaliatory conduct by the employer does not state a prima facie violation of the EERA; p. 4, dismissal letter; p. 6, warning letter.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.01000 – Pre-Arbitration

The employer had no duty to arbitrate the grievance as the employer's actions occurred after the expiration of the contract, the conduct did not infringe on vested rights under the agreement and the agreement had no separate authority that under normal principals of contract interpretation, require the continuation of the contract provision, citing State of California, Department of Youth Authority PERB Decision No. 962; p. 4, dismissal letter; p. 6, warning letter.