Decision 2187E – California School Employees Association and its Chapter 746 (Perez)

LA-CO-1400-E

Decision Date: June 15, 2011

Decision Type: PERB Decision

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Perc Vol: 36
Perc Index: 8

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1100.00000 – CASE PROCESSING PROCEDURES; 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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
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.