Decision 2614E – Los Rios Community College District and Los Rios College Federation of Teachers, Local 2279
SA-CE-2912-E and SA-CO-622-E
Decision Date: December 21, 2018
Decision Type: PERB Decision
Perc Vol: 43
Perc Index: 105
Decision Headnotes
1100.01000 – In General/Prima Facie Case
The procedure for claiming error in the dismissal of an unfair practice charge is to appeal the dismissal to the Board itself, not to file a new unfair practice charge.
1100.05000 – Dismissal of Charge; Appeal
On appeal of dismissal, charging party may present new allegations or evidence if they were not available before the charge was dismissed.
1100.05000 – Dismissal of Charge; Appeal
The procedure for claiming error in the dismissal of an unfair practice charge is to appeal the dismissal to the Board itself, not to file a new unfair practice charge.
1100.05000 – Dismissal of Charge; Appeal
Only the charging party has standing to appeal the dismissal of an unfair practice charge.
1100.05000 – Dismissal of Charge; Appeal
Late filing of appeal may be excused in the discretion of the Board for good cause only, a standard which requires an affirmative showing of good cause for the late filing, as well as the absence of prejudice to the opposing party.
1103.09000 – Consolidation, Severance, or Bifurcation of Proceedings
The Board may consolidate for decision charges that raise the same issues.
1107.20000 – Other
The Board has discretion whether to accept reply briefs.
1107.20000 – Other
To obtain monetary sanctions, including attorney’s fees or other reasonable litigation expenses, the moving party must demonstrate that the claim, defense, motion or other action or tactic was without arguable merit and pursued in bad faith.
1107.20000 – Other
As litigation sanction for frivolous filings, Board advised parties opposing litigant that they need not respond to litigant’s future filings unless and until the Office of the General Counsel notifies the respondent that the charge raises colorable new allegations of EERA violations, and that a response is therefore required.