Decision 1805E – Compton Unified School District

LA-CE-4868-E

Decision Date: January 5, 2006

Decision Type: PERB Decision

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Perc Vol: 30
Perc Index: 50

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

PERB’s jurisdiction is limited and does not include enforcement of the Education Code or laws governing special education.

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

Protected activity followed by adverse action is not sufficient without nexus to establish a connection between the protected activity and the adverse action to show unfair practice. If adverse action is based on other conduct of charging party and not protected activity burden has not been met.


504.14000 – Other/In General

Protected activity followed by adverse action is not sufficient without nexus to establish a connection between the protected activity and the adverse action to show unfair practice. If adverse action is based on other conduct of charging party and not protected activity burden has not been met.

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 demonstrated good cause because the evidence being presented didn’t exist at the time of the dismissal.

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 demonstrated good cause because the evidence being presented didn’t exist at the time of the dismissal.

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

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 demonstrated good cause because the evidence being presented didn’t exist at the time of the dismissal.