Decision 2621S – State of California (Department of Development Services Porterville and Department of State Hospitals Atascadero)

LA-CE-712-S

Decision Date: January 28, 2019

Decision Type: PERB Decision (Non-Precedential)

Description:  A former public employee alleged her State employer violated the Dills Act by denying her request for unpaid leave, issuing her an absence without leave condemnation, and denying her re-employment.  PERB’s Office of the General Counsel (OGC) dismissed the charge as untimely and, even had the former employee timely filed her charge, for failure to state a prima facie case.  The former employee appealed OGC’s dismissal, which included, for the first time, new factual allegations she argued satisfied her obligation to present a prima facie case.

Disposition:   The Board denied the appeal and adopted the dismissal.  Charging party did not establish good cause to justify consideration of the new allegations on appeal.  Moreover, the new allegations did not address or resolve the deficiencies identified in OGC’s warning and dismissal letters.

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Perc Vol: 43
Perc Index: 125

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