Decision 2446E – Coachella Valley Teachers Association (Abrahamian)
LA-CO-1559-E
Decision Date: July 31, 2015
Decision Type: PERB Decision
Perc Vol: 40
Perc Index: 39
Decision Headnotes
1103.10000 – Default or Failure to Appear/Failure to Prosecute
A Board agent may exercise discretionary authority to dismiss a case sua sponte where the charging party fails to prosecute the matter, absent a showing of good cause. Charging party did not appear at the appointed date and time of the hearing. Prior to the hearing, charging party requested and was provided information regarding the proper procedure for ensuring that witnesses could be compelled to attend and testify at the hearing. No cause for charging party’s failure to appear at the duly noticed hearing was demonstrated. Dismissal was warranted.
1104.06000 – Authority of ALJ to Dismiss Complaint on Own Motion
A Board agent may exercise discretionary authority to dismiss a case sua sponte where the charging party fails to prosecute the matter, absent a showing of good cause. Charging party did not appear at the appointed date and time of the hearing. Prior to the hearing, charging party requested and was provided information regarding the proper procedure for ensuring that witnesses could be compelled to attend and testify at the hearing. No cause for charging party’s failure to appear at the duly noticed hearing was demonstrated. Dismissal was warranted.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32300 requires the party filing exceptions to a proposed decision to include: (1) a statement of the specific issues of procedure, fact, law or rationale to which each exception is taken; (2) identify the page or part of the decision to which each exception is taken; (3) designate the portions of the record relied upon; and (4) state the grounds for each exception. Document containing no reference to the ALJ’s proposed decision, or making reference to any factual, legal or procedural error by the ALJ fails to comply with PERB Regulation 32300.