Decision 1828E – Los Banos Unified School District

SA-CE-2301-E

Decision Date: March 9, 2006

Decision Type: PERB Decision

Description:  Charge alleged that Los Banos Unified School District violated the Educational Employment Relations Act by withholding Casper’s wages while he was involved in a grievance with the District and by knowingly providing an exclusive representative with inaccurate information.

Disposition:  The Board dismissed the charge because Charging Party failed to establish that he engaged in protected conduct.

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Perc Vol: 30
Perc Index: 86

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

A charging party must provide a clear and concise statement of the facts alleged to constitute an unfair practice.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

Charging party must file an unfair practice charge within six months of the alleged illegal act occurring.

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

PERB Regulation section 32635(b) requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging party included nothing indicating why the new allegations were not included in his underlying charge.