Decision 1576E – Peralta Community College District

SF-CE-2308-E

Decision Date: December 31, 2003

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 44

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

The Board lacks jurisdiction to enforce an arbitration award.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)

The Board lacks jurisdiction to enforce an arbitration award.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

Board finds that evidence of a written reprimand occurring before the protected activity occurs cannot be used as evidence of animus towards a charging party to show a nexus between protected activity and an adverse action in a discrimination charge.


504.14000 – Other/In General

Board finds that evidence of a written reprimand occurring before the protected activity occurs cannot be used as evidence of animus towards a charging party to show a nexus between protected activity and an adverse action in a discrimination charge.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.13000 – Other

Board finds that evidence of a written reprimand occurring before the protected activity occurs cannot be used as evidence of animus towards a charging party to show a nexus between protected activity and an adverse action in a discrimination charge.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

An individual lacks the standing necessary to allege violations of an EERA provision that protects an employee organization’s right to consult with an employer or a unilateral change.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

The Board will not consider new allegations on appeal unless the party demonstrates good cause or provides an explanation for alleging new facts. The facts were known to the charging party at the time he filed the charge.