Decision 1486E – Lodi Unified School District
SA-CE-2036-E
Decision Date: June 28, 2002
Decision Type: PERB Decision
Description: The charge alleged that the Lodi Unified School District violated EERA by denying the charging party due process in disciplinary proceedings.
Disposition: Dismissal of the unfair practice charge was affirmed. The Board found that most of the conduct underlying the unfair practice charge occurred outside EERA’s six-month statute of limitations and that the alleged conduct occurring within the statutory period failed to state a prima facie case of violation of EERA.
Perc Vol: 26
Perc Index: 33096
Decision Headnotes
400.01000 – In General; Standards
Charging party failed to show how alleged bias of district witnesses or unwarranted credibility granted by ALJ to witness at hearing within statutory period demonstrated at least “slight harm” to rights protected under EERA.
1100.05000 – Dismissal of Charge; Appeal
Absent showing of good cause, new allegations or evidence will not be considered on appeal from dismissal of charge; No good cause shown here for acceptance of new allegations or evidence on appeal.
1101.01000 – In General
Most of the conduct alleged by the charging party occurred outside the six-month limitations period for filing of charges.
1105.19000 – Newly Discovered Evidence
Absent showing of good cause, new allegations or evidence will not be considered on appeal from dismissal of charge; No good cause shown here for acceptance of new allegations or evidence on appeal.
1107.16000 – Disqualification or Bias of Board Agent
Absent showing of good cause, new allegations or evidence will not be considered on appeal from dismissal of charge; No good cause shown here for acceptance of new allegations or evidence on appeal.