Decision 1571E – Fremont Unified School District
SF-CE-2251-E
Decision Date: December 24, 2003
Decision Type: PERB Decision
Description: Charge alleged that district discriminated against teacher because of her protected activities. Board affirmed dismissal.
Disposition: Board dismissed charge.
Perc Vol: 28
Perc Index: 38
Decision Headnotes
1100.05000 – Dismissal of Charge; Appeal
Charging party may not, without good cause, present new evidence or new allegations on appeal of a dismissal.
1102.01000 – Pre-Arbitration
Deferral is proper where the alleged unfair practice is arguably prohibited by the parties’ agreement. It is not sufficient for the agreement to merely cover or discuss the matter; the conduct alleged to be an unfair practice must be prohibited. Here, since contract did not contain “non-discrimination” clause, Board agent properly refused to defer charge alleging discrimination.
1107.06000 – De Novo Review; Standard of Review by Board
Charging party may not, without good cause, present new evidence or new allegations on appeal of a dismissal.