Decision 2389E – Los Angeles Community College District
Decision Date: August 20, 2014
Decision Type: PERB Decision (Non-Precedential)
Description: Charging party alleged that the employer violated the MMBA and other employment rights of charging party arising under statutes not administered by the Board, when it refused to provide him retiree health benefits pursuant to a settlement agreement under which he had agreed to retire. PERB’s Office of the General Counsel assessed charging party’s allegations under EERA, and dismissed, concluding that charging party did not timely file his charge, that the charge failed to allege a prima facie retaliation claim under EERA, and that PERB lacked jurisdiction over alleged violation of charging party’s rights arising under statutes not administered by PERB.
Disposition: The Board affirmed dismissal, concluding that charging party’s only protected conduct under EERA occurred after, rather than before, the alleged retaliation, and that charging party failed to establish good cause for the Board to consider a new allegation on appeal that the employer engaged in further adverse conduct when it sought declaratory relief vis-à-vis its retiree health benefits obligations under the settlement agreement with charging party.
Perc Vol: 39
Perc Index: 30