Decision 2278E – San Bernardino City Unified School District

LA-CE-5431-E

Decision Date: July 11, 2012

Decision Type: PERB Decision

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Decision Headnotes

100.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA
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.

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

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
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.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING 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.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
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.