Decision A380E – Grossmont-Cuyamaca Community College District

LA-DP-370-E

Decision Date: June 22, 2009

Decision Type: Administrative Appeal

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Perc Vol: 33
Perc Index: 111

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1302.00000 – REPRESENTATION ISSUES; DECERTIFICATION
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.

1304.00000 – REPRESENTATION ISSUES; OBJECTION TO ELECTIONS
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.

1306.00000 – REPRESENTATION ISSUES; PROOF OF SUPPORT
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.

1306.00000 – REPRESENTATION ISSUES; PROOF OF SUPPORT
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.