Decision 2447E – Los Angeles Unified School District
LA-CE-5779-E
Decision Date: August 10, 2015
Decision Type: PERB Decision
Description: Charging party alleged that she was laid off from employment by the District in retaliation for her pursuit of an unfair practice charge against the District.
Disposition: The Board affirmed the proposed decision because the appeal failed to comply with PERB regulations governing appeals.
Perc Vol: 40
Perc Index: 43
Decision Headnotes
503.07000 – Discharge; Layoffs; Constructive Discharge; Rejection During Probation
A reasonable person would consider the severance of the employment relationship that necessarily occurs through layoff to be adverse to the employee’s employment interests.
1101.01000 – In General
Beliefs, without factual foundation, comprise “mere speculation, conjecture, or legal conclusions” that are insufficient to prove a prima facie case. Charging party’s arguments were based on her sincerely-held beliefs, but were not supported by any objective facts in the record.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Failure to request that a transcript of the formal hearing be transcribed provided no basis for charging party to question the ALJ’s factual findings. Therefore, pursuant to PERB Regulation 32300(a)(3), charging party’s exceptions to the ALJ’s factual findings were deficient.
1107.20000 – Other
Failure to request that a transcript of the formal hearing be transcribed provided no basis for charging party to question the ALJ’s factual findings. Therefore, pursuant to PERB Regulation 32300(a)(3), charging party’s exceptions to the ALJ’s factual findings were deficient.