Decision 1503E – Sacramento City Teachers Association (Ferreira)

SA-CO-456-E

Decision Date: November 1, 2002

Decision Type: PERB Decision

Description: The Board affirmed dismissal of the charge, which alleged violation of the Association’s duty of fair representation.

Disposition: Dismissal affirmed. The Board adopted the Board agent’s warning and dismissal letters which dismissed the charge as untimely and for failure to state a prima facie case.

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Perc Vol: 27
Perc Index: 6

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

Board refused to consider new documents on appeal where charging party failed to demonstrate any good cause because they simply add detail to allegations rejected as untimely, no indication they could not have been obtained through reasonable diligence prior to the dismissal.

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

Board refused to consider new documents on appeal where charging party failed to demonstrate any good cause because they simply add detail to allegations rejected as untimely, no indication they could not have been obtained through reasonable diligence prior to the dismissal.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.06000 – De Novo Review; Standard of Review by Board

Board refused to consider new documents on appeal where charging party failed to demonstrate any good cause because they simply add detail to allegations rejected as untimely, no indication they could not have been obtained through reasonable diligence prior to the dismissal.