Decision 2065M – County of Riverside

LA-CE-418-M

Decision Date: September 25, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 162

Decision Headnotes

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

Reclassification of employee’s position was not an adverse action because employee’s pay and job duties remained the same after reclassification.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities

Reclassification of employee’s position was not an adverse action because employee’s pay and job duties remained the same after reclassification.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Charging party lacked standing to allege that her employer failed to meet and confer with her exclusive representative over her reclassification.

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

Under PERB Regulation 32635(b), the Board may not consider new allegations or new supporting evidence raised for the first time on appeal unless the charging party establishes good cause. No good cause to consider pay stubs submitted to PERB for the first time on appeal when the charging party had the documents prior to the Board agent’s dismissal of the charge.