Decision 1748E – Alum Rock Union Elementary School District
SF-CE-2444-E
Decision Date: February 7, 2005
Decision Type: PERB Decision
Description: Charge alleged unilateral change of the involuntary transfer policy.
Disposition: The Board dismissed the charge holding that employee did not have standing to allege bad faith bargaining. Discrimination allegation raised for the first time on appeal rejected for failure to demonstrate good cause to consider new evidence on appeal.
Perc Vol: 29
Perc Index: 73
Decision Headnotes
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
Board dismissed charge alleging unlawful racial discrimination as such allegations fall outside of PERB’s jurisdiction.
501.01000 – In General; Elements of Prima Facie Case
Board dismissed charge alleging unlawful racial discrimination as such allegations fall outside of PERB’s jurisdiction.
601.02000 – Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
Charge alleging unilateral change filed by an individual was dismissed as only the exclusive representative has standing to allege a failure to meet and confer.
602.01000 – In General
Charge alleging unilateral change filed by an individual was dismissed as only the exclusive representative has standing to allege a failure to meet and confer.
1100.03000 – Standing
Charge alleging unilateral change filed by an individual was dismissed as only the exclusive representative has standing to allege a failure to meet and confer.
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions
New allegation on appeal rejected by Board because charging party did not show good cause.
1107.04000 – Unalleged Violations
New allegation on appeal rejected by Board because charging party did not show good cause.
1107.06000 – De Novo Review; Standard of Review by Board
New allegation on appeal rejected by Board because charging party did not show good cause.