Decision 2844E – Los Rios Community College District

SA-CE-3087-E

Decision Date: November 14, 2022

Decision Type: PERB Decision (Non-Precedential)

Description:  Deglow appealed the dismissal of her unfair practice charge alleging that the District violated the Educational Employment Relations Act (EERA) by failing to correct Deglow’s hire date, thus depriving her of a step increase, in retaliation for her protected activities. The Office of the General Counsel (OGC) summarily dismissed the charge for failure to state a prima facie case, based on application of the litigation sanction the Board articulated in Los Rios Community College District and Los Rios College Federation of Teachers, Local 2279 (2021) PERB Decision No. 2776. OGC found that the underlying basis for the present charge—that the District has failed to correct Deglow’s hire date in retaliation for protected activity—is the same dispute previously litigated and dismissed in prior matters. Deglow appealed.

Disposition:  The Board dismissed the unfair practice charge without leave to amend.

Decision Headnotes

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