Decision 2669E – Contra Costa Community College District

SF-CE-3182-E

Decision Date: September 17, 2019

Decision Type: PERB Decision

Description:  In this case about alleged retaliation in violation of the Education Employment Relations Act, the Board remanded back to the ALJ after determining that respondent’s motion to dismiss was improvidently granted and that the judge’s ruling on charging party’s motion to amend was based on the wrong legal standard.

Disposition:  Remand

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Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.04000 – Individual/Concerted/Activities/Self-Representation

EERA section 3543 guarantees covered employees the right to represent themselves in their employment relations. Thus, an employee does not need to prove that their conduct was related to collective activity to establish protected status under EERA.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.04000 – Amendments

The standard for amendments to the complaint during the hearing is more lenient than the unalleged violations standard. Motions to amend made during the hearing should granted unless there is undue prejudice that cannot be sufficiently mitigated by scheduling additional hearing time after an appropriate continuance.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.04000 – Amendments

The Board found that a charging party’s motion to amend the complaint after closing his case-in-chief was not unduly prejudicial because the ALJ could have sufficient mitigated any prejudice by scheduling additional hearing time after an appropriate continuance.

1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
1104.02000 – Motions

The standard for amendments to the complaint during the hearing is more lenient than the unalleged violations standard. Motions to amend made during the hearing should granted unless there is undue prejudice that cannot be sufficiently mitigated by scheduling additional hearing time after an appropriate continuance.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.04000 – Individual/Concerted/Activities/Self-Representation

EERA section 3543 guarantees covered employees the right to represent themselves in their employment relations. Thus, an employee does not need to prove that their conduct was related to collective activity to establish protected status under EERA.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.04000 – Amendments

The standard for amendments to the complaint during the hearing is more lenient than the unalleged violations standard. Motions to amend made during the hearing should granted unless there is undue prejudice that cannot be sufficiently mitigated by scheduling additional hearing time after an appropriate continuance.

1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
1104.02000 – Motions

The standard for amendments to the complaint during the hearing is more lenient than the unalleged violations standard. Motions to amend made during the hearing should granted unless there is undue prejudice that cannot be sufficiently mitigated by scheduling additional hearing time after an appropriate continuance.