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.

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Perc Vol: 29
Perc Index: 73

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
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.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
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.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
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.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

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

New allegation on appeal rejected by Board because charging party did not show good cause.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.