Decision 1728E – Oxnard Elementary School District

LA-CE-4722-E

Decision Date: December 21, 2004

Decision Type: PERB Decision

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Perc Vol: 29
Perc Index: 42

Decision Headnotes

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.01000 – Pre-Arbitration

The standards for deferral to arbitration are met in this case. There is no evidence that the parties are not operating within a stable collective bargaining relationship. The District indicated its willingness to proceed to arbitration. The issues raised in the grievance are the same as the allegations in the unfair practice charge in that both the grievance and the charge allege that the District wrongly paid Ybarra-Grosfeld her summer pay and overpaid her substitute teacher at her expense. The grievance was submitted to Level 5 arbitration and the parties recently selected an arbitrator.

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

The District’s two separate late-filed responses were not considered by the Board in rendering its decision. These responses did not include any evidence that they were served on Ybarra-Grosfeld and were filed with two different PERB offices. The District further did not show good cause to accept these late-filed responses under PERB Regulation 32136.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

Ybarra-Grosfeld did not show good cause to raise new allegations and evidence on appeal.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.20000 – Other

Ybarra-Grosfeld did not show good cause to raise new allegations and evidence on appeal.