Decision 2305S – State of California (Department of Mental Health, Department of Developmental Services)
SA-CE-1937-S
Decision Date: December 31, 2012
Decision Type: PERB Decision
Description: The charge alleged that the State of California (Department of Mental Health, Department of Developmental Services) violated the Dills Act with respect to documents charging party filed with the State Auditor’s Office and the Governor’s Office.
Disposition: The Board affirmed the dismissal of the charge based upon the charging party’s failure to provide clear and concise statement of the conduct alleged to constitute an unfair practice.
Perc Vol: 37
Perc Index: 154
Decision Headnotes
1100.01000 – In General/Prima Facie Case
Charge that consists entirely of document describing documents by charging party to the California State Auditor’s Office and the Governor’s Office does not contain a clear and concise statement of conduct alleged to constitute an unfair practice within PERB’b jurisdiction as required by PERB Regulation 32615(a)(5).
1100.05000 – Dismissal of Charge; Appeal
Appeal that, in large part, restates facts alleged in the charge, as amended, does not reference any portion of the dismissal 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 the appeal is taken, or the grounds for each issue, is subject to dismissal on that basis alone.
1100.08000 – Pleading Requirements
Charge that consists entirely of document describing documents by charging party to the California State Auditor’s Office and the Governor’s Office does not contain a clear and concise statement of conduct alleged to constitute an unfair practice within PERB’b jurisdiction as required by PERB Regulation 32615(a)(5).