Decision 1757M – County of Colusa

SA-CE-297-M

Decision Date: March 8, 2005

Decision Type: PERB Decision

Description:  County employee alleged discrimination where county allegedly paid improper compensation for additional duties.

Disposition:  To establish a prima facie case of discrimination charging party must include facts to show that protected activity took place.  Appeal may not include new evidence without showing of good cause.

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Perc Vol: 29
Perc Index: 101

Decision Headnotes

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Where county employee alleged improper compensation for administering additional duties there was no prima facie case for lack of facts showing that charging party engaged in protected activity of any kind.

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

To raise an issue for the first time on appeal is a violation of PERB Regulation section 32635(b) which requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging Party included nothing indicating why the issue of reclassification of duties was not included in her underlying charge.

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

To raise an issue for the first time on appeal is a violation of PERB Regulation section 32635(b) which requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging Party included nothing indicating why the issue of reclassification of duties was not included in her underlying charge.