Decision 2889Hb – Regents of the University of California (Irvine)
LA-CE-1395-H
Decision Date: December 5, 2024
Decision Type: PERB Decision (Non-Precedential)
Description: Charging parties, five UC Irvine employees, appealed from an order of an administrative law judge (ALJ) dismissing entirely their case. In a prior decision in the same case, the Board reversed a decision by the Office of the General Counsel (OGC) to dismiss the charge, and the Board directed OGC to issue a complaint. OGC did so, and OGC later amended the complaint, before the ALJ dismissed it without holding a formal hearing, while also declining to further amend the complaint and adding Charging Parties’ exclusive representative as a joined party. Charging Parties appealed, claiming the ALJ erred by: (1) adding Charging Parties’ exclusive representative as a joined party; (2) denying a pending, second motion to amend the complaint; and (3) dismissing the complaint without holding an evidentiary hearing, which Charging Parties claimed was wrong on the merits and also a due process violation given that the respondent had not filed a dismissal motion.
Disposition: In a non-precedential decision, the Board affirmed the ALJ’s decisions to add Charging Parties’ exclusive representative as a joined party and to deny Charging Parties’ motion to amend the complaint. However, the Board partially reversed the ALJ’s dismissal and remanded the case to the Division of Administrative Law for further proceedings with respect to the complaint OGC initially issued following PERB Decision No. 2889-H.
Perc Vol: 49
Perc Index: 108
Decision Headnotes