Decision 2011E – Los Angeles Unified School District
LA-CE-5177-E
Decision Date: March 13, 2009
Decision Type: PERB Decision
Description: The charge alleged that the District engaged in multiple acts of retaliation for protected activity against Charging Party, going back to April 2006, and alleged other acts of misconduct by the District that were deemed outside PERB jurisdiction.
Disposition: The Board affirmed the Board agent’s partial dismissal, finding that the District’s actions prior to the six (6) month statute of limitations were untimely and not subject to the continuing violation doctrine. Additional allegations failed to state a prima facie violation of EERA.
Perc Vol: 33
Perc Index: 55
Decision Headnotes
101.01000 – In General
Allegations regarding violations of the Education Code and First Amendment, and discrimination claims under the Fair Employment and Housing Act, are not within PERB jurisdiction unless they also allege an independent violation of the EERA.
1101.01000 – In General
Pursuant to PERB Regulation 32635(b) “unless good cause is shown, a charging party may not present on appeal new allegations or new supporting evidence.” Charging Party failed to demonstrate good cause to allow presentation of new allegations or evidence on appeal and nothing in the appeal indicates that such good cause exists.
1101.04000 – Continuing Violation
Alleged acts of reprisal for protected activity that took place outside of the six (6) month statute of limitations were untimely. Where the untimely allegations were separate and independent from timely allegations, the continuing violation doctrine did not apply.
1107.04000 – Unalleged Violations
Pursuant to PERB Regulation 32635(b) “unless good cause is shown, a charging party may not present on appeal new allegations or new supporting evidence.” Charging Party failed to demonstrate good cause to allow presentation of new allegations or evidence on appeal and nothing in the appeal indicates that such good cause exists.