Decision 2633E – Lake Elsinore Unified School District


Decision Date: March 8, 2019

Decision Type: PERB Decision

Description:  The Board affirmed a proposed decision dismissing a complaint alleging that the District violated EERA by depriving Charging Parties of the opportunity to teach either kindergarten or sixth grade classes during the 2015-2016 school year, while allowing four other employees to swap their kindergarten and sixth grade teaching assignments, in retaliation for charging parties’ protected activities.

Disposition:  The Board agreed with the Administrative Law Judge that the charging parties failed to establish retaliation and dismissed the complaint.

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Perc Vol: 43
Perc Index: 152

Decision Headnotes

1107.13000 – Administrative and Judicial Notice

Although PERB may take official notice of its own files and records, including allegations included in separate unfair practice cases, a blanket citation to an unfair practice case, without “designat[ing] . . . the portions of the record . . . relied upon,” does not comply with PERB Regulation 32300, subdivision (a)(3), requiring parties to designate the portions of the record relied upon, and we decline to scour the entire record of a separate case to determine whether it includes evidence to support the claim urged here by charging parties.