Decision A258E – San Francisco Community College District

SF-CE-448

Decision Date: August 3, 1994

Decision Type: Administrative Appeal

Description: Union seeks enforcement of Board order in prior decision.

Disposition: Request denied. Present dispute substantially different from prior case.

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Perc Vol: 18
Perc Index: 25111

Decision Headnotes

1108.00000 – UNFAIR PRACTICE PROCEDURES; COMPLIANCE
1108.01000 – In General

The Board declined to exercise its discretionary authority to seek enforcement of a prior PERB order pursuant to Government Code section 3542(d) and Regulation 32980, since the present dispute is substantively different from that presented to the Board in the earlier case, and to deprive the Respondent of the ability to respond to new factual and legal issues today would potentially deny them a full and fair hearing.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.01000 – In General

The Board declined to exercise its discretionary authority to seek enforcement of a prior PERB order pursuant to Government Code section 3542(d) and Regulation 32980, since the present dispute is substantively different from that presented to the Board in the earlier case, and to deprive the Respondent of the ability to respond to new factual and legal issues today would potentially deny them a full and fair hearing.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

The Board declined to exercise its discretionary authority to seek enforcement of a prior PERB order pursuant to Government Code section 3542(d) and Regulation 32980, since the present dispute is substantively different from that presented to the Board in the earlier case, and to deprive the Respondent of the ability to respond to new factual and legal issues today would potentially deny them a full and fair hearing.