Decision 1418E – Peralta Community College District

SF-CE-2145

Decision Date: February 26, 2001

Decision Type: PERB Decision

Description: The Board dismissed the unfair practice charge. The charge alleged that the employer violated EERA by failing to adhere to the parties’ grievance arbitration procedures.

Disposition: Dismissed. The charging party failed to establish the charge was timely filed. No good cause existed to consider new supporting evidence on appeal to the Board.

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Perc Vol: 25
Perc Index: 32037

Decision Headnotes

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

Allegation that District failed to follow proper performance evaluation procedures without an indication that the alleged adverse action occurred close in time to any protected activities does not establish a prima facie violation of EERA.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

Allegation that District failed to follow proper performance evaluation procedures without an indication that the alleged adverse action occurred close in time to any protected activities does not establish a prima facie violation of EERA.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

Failure of Charging Party to keep PERB informed of her current address and to communicate with PERB in an effective and timely manner does not constitute good cause under regulation 32635(b) for PERB to consider new supporting evidence offered for the first time on appeal to the Board.

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

Charging Party failed to meet burden of establishing that charge was timely filed when charge did not provide any dates when challenged events occurred.

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

Failure of Charging Party to keep PERB informed of her current address and to communicate with PERB in an effective and timely manner does not constitute good cause under regulation 32635(b) for PERB to consider new supporting evidence offered for the first time on appeal to the Board.

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

Failure of Charging Party to keep PERB informed of her current address and to communicate with PERB in an effective and timely manner does not constitute good cause under regulation 32635(b) for PERB to consider new supporting evidence offered for the first time on appeal to the Board.