Decision 2742E – Pasadena Area Community College District

LA-CE-6514-E

Decision Date: August 19, 2020

Decision Type: PERB Decision (Non-Precedential)

Description:  Charging party Dorion Keith Hilliard appealed an order granting the Pasadena Area Community College District’s motion to dismiss. The complaint alleged that the District violated the Educational Employment Relations Act (EERA) when it instructed Hilliard to provide proof of his job qualifications for the first time in four years of his employment with the District, and that in doing so the District interfered with Hilliard’s protected rights. Prior to the scheduled formal hearing, the District filed with the administrative law judge (ALJ) a Motion to Dismiss and Motion for Sanctions that included additional factual allegations beyond those that the Office of the General Counsel considered prior to issuing the complaint. Hilliard thereafter filed a response to the Motions, but he did not dispute any of the District’s factual allegations. The ALJ concluded that neither the underlying charge nor the complaint stated a prima facie case of interference, and that even if they did, the District established based on the undisputed facts that it had a legitimate business reason for asking Hilliard to provide proof of his qualifications. Accordingly, the ALJ issued an order granting the Motion to Dismiss and denying the Motion for Sanctions.

Disposition:  The Board denied the appeal and affirmed the ALJ’s order.

Decision Headnotes

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