Decision 2447E – Los Angeles Unified School District

LA-CE-5779-E

Decision Date: August 10, 2015

Decision Type: PERB Decision

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Perc Vol: 40
Perc Index: 43

Decision Headnotes

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.