Decision 2011E – Los Angeles Unified School District

LA-CE-5177-E

Decision Date: March 13, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 55

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.