Decision 1495E – Santa Ana Unified School District
LA-CE-4353-E
Decision Date: July 31, 2002
Decision Type: PERB Decision
Description: The charge did not state the “who, what, when, where, and how” of an unfair practice and mere legal conclusions alone are insufficient to state a prima facie case. In a unilateral change case, the charging party must describe the new and old policies.
Disposition: The Board dismissed the unfair practice charge for failure to provide a clear and concise statement of the facts.
Perc Vol: 26
Perc Index: 33106
Decision Headnotes
1100.08000 – Pleading Requirements
The Board agent correctly dismissed this charge with its conclusory allegations. PERB Regulation 32615(a)(5) provides that a charge must contain “a clear and concise statement of the facts.” The charge did not contain the “who, what, when, where and how” of an unfair practice. (State of California (Department of Food and Agriculture) (1994) PERB Decision No. 1071-S; United Teachers-Los Angeles (Ragsdale) (1992) PERB Decision No. 944.) Mere legal conclusions are insufficient to state a prima facie case; In a unilateral change case charging party must explain the new and old policies.