Decision 1990E – Los Rios College Federation of Teachers, Local 2279 (Deglow)

SA-CO-424-ESA-CO-426-E

Decision Date: November 26, 2008

Decision Type: PERB Decision

Description:  The Board affirmed the dismissal of two unfair practice charges by an ALJ for lack of prosecution.

Disposition:  The Board held the unfair practice charges were properly dismissed for lack of prosecution and adopted the proposed decision by the ALJ as a decision of the Board itself.

View Full Text (PDF)

Perc Vol: 33
Perc Index: 12

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

Charging parties are required to exercise due diligence in the prosecution of their unfair practice claims. An ALJ’s dismissal of a charging party’s complaint is appropriate when the charging party fails to exercise due diligence in pursuing his/her claim and fails to demonstrate good cause as to why the matter should not be dismissed. Such power is inherent in the authority of the ALJ to regulate the course and conduct of a hearing.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.10000 – Default or Failure to Appear/Failure to Prosecute

Charging parties are required to exercise due diligence in the prosecution of their unfair practice claims. An ALJ’s dismissal of a charging party’s complaint is appropriate when the charging party fails to exercise due diligence in pursuing his/her claim and fails to demonstrate good cause as to why the matter should not be dismissed. Such power is inherent in the authority of the ALJ to regulate the course and conduct of a hearing.

1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
1104.06000 – Authority of ALJ to Dismiss Complaint on Own Motion

Charging parties are required to exercise due diligence in the prosecution of their unfair practice claims. An ALJ’s dismissal of a charging party’s complaint is appropriate when the charging party fails to exercise due diligence in pursuing his/her claim and fails to demonstrate good cause as to why the matter should not be dismissed. Such power is inherent in the authority of the ALJ to regulate the course and conduct of a hearing.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.11000 – Request for Oral Argument

The Board typically denies requests for oral argument when there is an adequate record, the parties had sufficient opportunity to prepare briefs supporting their positions and availed themselves of that opportunity, and the issue before the Board is sufficiently clear to make oral argument unnecessary.