Decision A380E – Grossmont-Cuyamaca Community College District
LA-DP-370-E
Decision Date: June 22, 2009
Decision Type: Administrative Appeal
Description: The Board affirmed an administrative determination in which the Board agent dismissed a decertification petition for insufficient proof of support.
Disposition: The Board held the Charging Party failed to allege facts sufficient to support the reversal of the administrative determination.
Perc Vol: 33
Perc Index: 111
Decision Headnotes
1100.06000 – Withdrawal of Charge
The Board possesses the discretion to grant or deny requests for withdrawal. However, when such a request involves a matter of continuing public interest, and when a precedential ruling on the matter will be instructive to all parties similarly situated, the Board exercises discretion in the interest of justice. Because the instant appeal presented significant legal issues, and because the representation rights of over 1400 employees were at issue, the Board denied the request for withdrawal on the basis that the best interests of justice were not served by granting the request.
1107.15000 – Withdrawal of Appeal; Request that Decision be Vacated
The Board possesses the discretion to grant or deny requests for withdrawal. However, when such a request involves a matter of continuing public interest, and when a precedential ruling on the matter will be instructive to all parties similarly situated, the Board exercises discretion in the interest of justice. Because the instant appeal presented significant legal issues, and because the representation rights of over 1400 employees were at issue, the Board denied the request for withdrawal on the basis that the best interests of justice were not served by granting the request.
1302.01000 – In General; Filing Requirements
To challenge the dismissal of a decertification petition for lack of support, the charging party must allege sufficient facts to demonstrate the adequacy/inadequacy of the proof of support. Bare assertions of fact, standing alone, are insufficient to satisfy this burden of proof.
1304.01000 – In General
To challenge the dismissal of a decertification petition for lack of support, the charging party must allege sufficient facts to demonstrate the adequacy/inadequacy of the proof of support. Bare assertions of fact, standing alone, are insufficient to satisfy this burden of proof.
1306.01000 – In General; Requirements
To challenge the dismissal of a decertification petition for lack of support, the charging party must allege sufficient facts to demonstrate the adequacy/inadequacy of the proof of support. Bare assertions of fact, standing alone, are insufficient to satisfy this burden of proof.
1306.02000 – Employee List/Contents of/Failure to Provide
To challenge the dismissal of a decertification petition for lack of support, the charging party must allege sufficient facts to demonstrate the adequacy/inadequacy of the proof of support. Bare assertions of fact, standing alone, are insufficient to satisfy this burden of proof.