Decision 2432E – Los Angeles Unified School District


Decision Date: June 12, 2015

Decision Type: PERB Decision

Description:  The charging party filed exceptions to a proposed decision which dismissed allegations that the District had terminated her in retaliation for filing a grievance and requesting union assistance in resolving workplace problems.

Disposition:  The Board affirmed the dismissal of the complaint and unfair practice charge because the charging party’s exceptions failed to comply with the requirements of PERB regulations and identified no error of fact, law, or procedure to warrant reversal.

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Perc Vol: 40
Perc Index: 2

Decision Headnotes

1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

On review of exceptions to a proposed decision, the Board need not address arguments that have already been adequately addressed in the same case or that would not affect the result. Board declined to review employee exceptions regarding elements of her prima facie case that were not at issue. While PERB follows California judicial policy strongly favoring hearing disputes on their merits rather than dismissing them for procedural deficiencies, charging party’s failure to comply with PERB Regulation 32300 when excepting to a proposed decision may result in dismissal of the matter without consideration of its merits. Charging party’s exceptions failed to identify errors of fact, procedure or law requiring reversal of proposed decision. The Board declined to consider charging party’s authorities interpreting California and federal non-discrimination laws where the cases did not address elements of the prima facie case or affirmative defenses relied on by the ALJ in dismissing the complaint and underlying charge.