Decision 1771H – Regents of the University of California

LA-CE-811-H

Decision Date: June 24, 2005

Decision Type: PERB Decision

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Perc Vol: 29
Perc Index: 144

Decision Headnotes

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
201.02000 – Agents (See also 1400)

Sarka failed to present evidence that the Independent Party Reviewer, who conducted the fact-finding hearing, was an agent of the University. Sarka’s belief that the Independent Party Reviewer was an agent does not suffice to support an allegation of agency. Mere surprise is insufficient to impose liability based on a theory of apparent authority.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.08000 – Pleading Requirements

Under PERB Regulation 32615(a)(5), the charging party must provide a “clear and concise statement of the facts and conduct alleged to constitute an unfair practice.” Mere speculation, conjecture or legal conclusions are insufficient. Sarka’s belief that the Independent Party Reviewer was an agent comprises “mere speculation, conjecture or legal conclusions.”

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

The allegations surrounding the Skelly hearing were untimely filed since the hearing occurred on July 18, 2002, the date Sarka alleged that he learned about certain supporting documents was May 6, 2003, and the charge was filed on April 2, 2004, well in excess of the six month limitations period. Since these allegations were untimely, the Board declined to address the merits of these allegations.

1400.00000 – GENERAL LEGAL PRINCIPLES; AGENCY
1400.02000 – Employer Responsibility

Sarka failed to present evidence that the Independent Party Reviewer, who conducted the fact-finding hearing, was an agent of the University. Sarka’s belief that the Independent Party Reviewer was an agent does not suffice to support an allegation of agency. Mere surprise is insufficient to impose liability based on a theory of apparent authority.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

Under PERB Regulation 32615(a)(5), the charging party must provide a “clear and concise statement of the facts and conduct alleged to constitute an unfair practice.” Mere speculation, conjecture or legal conclusions are insufficient. Sarka’s belief that the Independent Party Reviewer was an agent comprises “mere speculation, conjecture or legal conclusions.”