Decision 1571E – Fremont Unified School District

SF-CE-2251-E

Decision Date: December 24, 2003

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 38

Decision Headnotes

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

Charging party may not, without good cause, present new evidence or new allegations on appeal of a dismissal.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.