Decision 2449E – Rio School District

LA-CE-5717-E

Decision Date: August 31, 2015

Decision Type: PERB Decision

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Perc Vol: 40
Perc Index: 45

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.01000 – In General

Comments during governing board meetings pertaining to both the financial status of the employer and the quality of the employer’s education programs constitute protected activity. Comments about the quality of the union’s representation in negotiations constitute protected activity.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.15000 – Speech

Comments during governing board meetings pertaining to both the financial status of the employer and the quality of the employer’s education programs constitute protected activity. Comments about the quality of the union’s representation in negotiations constitute protected activity.

1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
1104.01000 – In General; Conduct of Hearing

By withdrawing her subpoenas rather than letting the ALJ address the issue of alleged witness tampering and intimidation at the formal hearing, charging party cannot complain that she was unable to prove her case without the witness she had planned to call or that the ALJ failed to protect them.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.01000 – In General

By withdrawing her subpoenas rather than letting the ALJ address the issue of alleged witness tampering and intimidation at the formal hearing, charging party cannot complain that she was unable to prove her case without the witness she had planned to call or that the ALJ failed to protect them.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.13000 – Witnesses; Who May Testify; Board Agents as Witnesses; Self-Incrimination; Immunity; Labor Code Section 1151.2

By withdrawing her subpoenas rather than letting the ALJ address the issue of alleged witness tampering and intimidation at the formal hearing, charging party cannot complain that she was unable to prove her case without the witness she had planned to call or that the ALJ failed to protect them.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.14000 – Witnesses: Credibility, Cross Examination and Impeachment; Pretrial Statements

By withdrawing her subpoenas rather than letting the ALJ address the issue of alleged witness tampering and intimidation at the formal hearing, charging party cannot complain that she was unable to prove her case without the witness she had planned to call or that the ALJ failed to protect them.