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.

View Full Text (PDF)

Perc Vol: 26
Perc Index: 33096

Decision Headnotes

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

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

Most of the conduct alleged by the charging party occurred outside the six-month limitations period for filing of charges.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.