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

View Full Text (PDF)

Perc Vol: 43
Perc Index: 105

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1100.00000 – CASE PROCESSING PROCEDURES; 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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

Only the charging party has standing to appeal the dismissal of an unfair practice charge.

1100.00000 – CASE PROCESSING PROCEDURES; 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.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.09000 – Consolidation, Severance, or Bifurcation of Proceedings

The Board may consolidate for decision charges that raise the same issues.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.20000 – Other

The Board has discretion whether to accept reply briefs.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.