Decision 2357E – Claremont Unified School District

LA-CE-5727-E

Decision Date: February 21, 2014

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 38
Perc Index: 128

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.04000 – Amendments

A charging party is not permitted to amend a dismissed charge until the dismissal is reversed and remanded for further proceedings.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

The Board may supplement a record of an appeal with new evidence for good cause. Where, after the charge was dismissed and deferred, the exclusive representative decided not to arbitrate some of charging party’s grievances, good cause existed for Board to consider the appropriateness of deferral, regardless of whether charging party had previously argued that point in his appeal.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.01000 – Pre-Arbitration

Pursuant to the “futility exception” of EERA section 3541.5, subdivision (a)(2), deferral of individual employee’s charge alleging retaliation for his protected activity was not appropriate where the exclusive representative was unwilling to arbitrate the employee’s grievance. The statutory “futility exception" recognizes the voluntary resolution of labor disputes, is absent when an individual employee who seeks to vindicate statutory rights is not himself or herself a “party” to the grievance machinery to which the matter has been deferred, and therefore has no control over whether the dispute will be heard on its merits.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.05000 – Answer or Other Defense/Waiver

Deferral to arbitration is an affirmative defense which is waived, if not timely raised in the respondent’s answer.