Decision 2561Ea – Lake Elsinore Unified School District

LA-CE-5908-E

Decision Date: May 14, 2018

Decision Type: PERB Decision

Description: A public school employee excepted to a proposed decision which dismissed the complaint and underlying unfair practice charge alleging that her employer had discriminated against her by involuntarily reassigning her from first grade to kindergarten, and by placing a number of students in her kindergarten class that exceeded the limit set forth in the applicable collective bargaining agreement.

Disposition: The Board vacated its prior decision to deny Charging Party’s exceptions as untimely.  Due to a clerical error, the Board was not previously aware that Charging Party had timely e-filed her exceptions.

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Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Due to a clerical error, the Board was unaware at the time it issued its prior decision in this matter, that Charging Party had timely e-filed her exceptions and supporting brief on June 5, 2017. In light of this newly-available information, the Board vacated its prior decision denying Charging Party’s exceptions.