Decision 2278E – San Bernardino City Unified School District
LA-CE-5431-E
Decision Date: July 11, 2012
Decision Type: PERB Decision
Description: The charge alleged that the San Bernardino City Unified School District violated EERA by failing to reclassify and pay a teacher according to the certificated salary schedule.
Disposition: The Board affirmed the dismissal of the charge for failure to state a prima facie violation of EERA.
Perc Vol: 37
Perc Index: 36
Decision Headnotes
100.01000 – In General
PERB has no power to review allegations of age, race, or gender discrimination. Dismissal of charge alleging that the school district violated EERA by failing to reclassify and pay teacher according to certificated salary schedule affirmed.
101.01000 – In General
PERB has no power to review allegations of age, race, or gender discrimination. Dismissal of charge alleging that school district violated EERA by failing to reclassify and pay teacher according to certificated salary schedule affirmed.
501.01000 – In General; Elements of Prima Facie Case
Charge alleging violation of EERA based upon failure to reclassify and pay teacher according to certificated salary schedule fails to establish prima facie case of discrimination, where alleged protected conduct took place at least four years after district took position that employee was not entitled to credit on salary schedule for years of experience as substitute.
504.04000 – Timing of Action
Charge alleging violation of EERA based upon failure to reclassify and pay teacher according to certificated salary schedule fails to establish prima facie case of discrimination, where alleged protected conduct took place at least four years after district took position that employee was not entitled to credit on salary schedule for years of experience as substitute.
1100.05000 – Dismissal of Charge; Appeal
Appeal that mainly reiterates allegations in the charge, but does not reference any particular portion of the dismissal or otherwise state the specific issues of procedure, fact, law or rationale to which the appeal is taken nor identify the page or part of the dismissal to which the appeal is taken or state the grounds is subject to dismissal on this ground alone. No good cause found to consider on appeal new allegations and supporting documents, where appeal provides no reason why new allegations and documents could not have been provided to the Office of the General Counsel during the processing of the charge.
1101.01000 – In General
Charge alleging violation of EERA based upon failure to reclassify and pay teacher according to certificated salary schedule filed more than six years after employee received documentation regarding years of service is several years untimely and subject to dismissal.
1109.01000 – In General
Appeal that mainly reiterates allegations in the charge, but does not reference any particular portion of the dismissal or otherwise state the specific issues of procedure, fact, law or rationale to which the appeal is taken nor identify the page or part of the dismissal to which the appeal is taken or state the grounds is subject to dismissal on this ground alone. No good cause found to consider on appeal new allegations and supporting documents, where appeal provides no reason why new allegations and documents could not have been provided to the Office of the General Counsel during the processing of the charge.