Decision 1929E – Los Angeles Unified School District


Decision Date: November 16, 2007

Decision Type: PERB Decision

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Perc Vol: 31
Perc Index: 160

Decision Headnotes

1100.08000 – Pleading Requirements

The charging party's burden includes alleging the ‘who, what, when, where and how’ of an unfair practice. (State of California (Department of Food and Agriculture) (1994) PERB Decision No. 1071-S, citing United Teachers-Los Angeles (Ragsdale) (1992) PERB Decision No. 944.) The charging party has the burden of alleging facts showing that the unfair practice charge was timely filed. (Tehachapi Unified School District (1993) PERB Decision No. 1024; City of Santa Barbara (2004) PERB Decision No. 1628-M.) The CBA provision on the time limit for the filing of grievances cannot be applied implicitly to satisfy the charging party’s burden of alleging, in a “clear and concise statement of facts,” when the acts of reprisal took place.