Decision A322E – Chula Vista Elementary EA, California Teachers Association

LA-CO-1106-E

Decision Date: April 11, 2003

Decision Type: Administrative Appeal

Description: Board affirmed Board agent’s refusal to disqualify herself. Charging party requested disqualification based on concerns regarding the Board agent’s handling of two other of charging party’s cases, Board agent’s issuance of complaints against and on behalf of the same parties in different proceedings; and her belief that Board agent had developed “positive working relationship” with respondent’s lawyer.

Disposition: Affirmed. Charging party failed to demonstrate it was “probable that a fair and impartial hearing or investigation” would not be afforded by the Board agent. Board agent correctly explained that charging party’s material allegations would be taken as true during prima facie case determination process. Charging party provided no reason to believe Board agent would incorrectly handle case.

View Full Text (PDF)

Perc Vol: 27
Perc Index: 54

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.16000 – Disqualification or Bias of Board Agent

Under PERB Reg. 32155, absent some evidence of subjective bias or material disparity in case processing, there is no basis to disqualify a Board agent.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

Under PERB Reg. 32155, absent some evidence of subjective bias or material disparity in case processing, there is no basis to disqualify a Board agent.