Decision 2187E – California School Employees Association and its Chapter 746 (Perez)
LA-CO-1400-E
Decision Date: June 15, 2011
Decision Type: PERB Decision
Description: The charge alleged that CSEA breached its duty of fair representation by failing to adequately represent Perez in resolving a grievance filed on his behalf with the Downey Unified School District.
Disposition: The Board upheld the dismissal of the charge for failure to file a timely appeal and failure to comply with PERB regulations governing the contents of an appeal from dismissal.
Perc Vol: 36
Perc Index: 8
Decision Headnotes
1100.01000 – In General/Prima Facie Case
PERB has historically treated the filing of an amended charge after an unfair practice charge has been dismissed as an appeal from the dismissal of the charge.
1100.04000 – Amendments
PERB has historically treated the filing of an amended charge after an unfair practice charge has been dismissed as an appeal from the dismissal of the charge. Even construing the amended charge as an appeal from dismissal, amended charge filed two days after extended deadline agreed to by parties was untimely, in the absence of a showing of good cause.
1100.05000 – Dismissal of Charge; Appeal
PERB has historically treated the filing of an amended charge after an unfair practice charge has been dismissed as an appeal from the dismissal of the charge. Where amended charge filed after dismissal of charge merely restates facts alleged in the original charge and fails to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or the grounds for each issue, it fails to comply with requirements for filing an appeal from dismissal under PERB Regulation 32635(a). Where appeal provides no reason why new allegations and evidence could not have been provided with the original charge or in a timely filed amended charge, Board finds no good cause to consider them on appeal.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB has historically treated the filing of an amended charge after an unfair practice charge has been dismissed as an appeal from the dismissal of the charge. Even construing the amended charge as an appeal from dismissal, amended charge filed two days after extended deadline agreed to by parties was untimely, in the absence of a showing of good cause.
1109.01000 – In General
PERB has historically treated the filing of an amended charge after an unfair practice charge has been dismissed as an appeal from the dismissal of the charge. Where amended charge filed after dismissal of charge merely restates facts alleged in the original charge and fails to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or the grounds for each issue, it fails to comply with requirements for filing an appeal from dismissal under PERB Regulation 32635(a). Where appeal provides no reason why new allegations and evidence could not have been provided with the original charge or in a timely filed amended charge, Board finds no good cause to consider them on appeal.