Decision A377S – State of California, et al.
Decision Date: February 25, 2009
Decision Type: Administrative Appeal
Description: In two separate appeals involving a total of four unfair practice charges, the Charging Party alleged that Board agents improperly failed to disqualify themselves.
Disposition: The Board dismissed the first appeal as to all four charges based upon the failure of the Charging Party to comply with PERB’s regulations delineating the proper steps a party must take to disqualify a Board agent, specifically, the failure to submit, under oath, a written request for disqualification. The Board dismissed the second appeal as untimely as to two of the charges and as to the other two charges for failure to submit, under oath, a written request for disqualification.
Perc Vol: 33
Perc Index: 46
1107.16000 – Disqualification or Bias of Board Agent
Requests to disqualify a Board agent failed to comply with PERB Regulation 32155(c) where they were not made in writing under oath. Although timely, appeal from dismissal is dismissed for failure to comply with requirements of PERB Regulation 32155(c). PERB Regulation 32155(d) does not allow an appeal on the basis of a Board agent’s failure to disqualify himself or herself without the party first seeking disqualification of the Board agent as delineated in PERB Regulation 32155(c).