Decision 1230E – Centinela Valley Union High School District (Garcia)

LA-CE-3766

Decision Date: November 13, 1997

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29010

Decision Headnotes

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Where charge failed to allege that charging party participated in any protected activity prior to adverse actions or that any protected activity motivated the respondent's actions, charge failed to state a cause of action for discrimination under the EERA; p. 4-5, warning letter.

502.00000 – EMPLOYER DISCRIMINATION; PERSONS PROTECTED
502.01000 – In General

Applicants for employment are employees within the meaning of EERA section 3543.5(a); p. 4, warning letter.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

Charge must allege the "who, what, when, where, and how" of an unfair practice charge United Teachers of Los Angeles (Ragsdale) (1992) PERB Decision No. 944; p. 4, warning letter. Mere legal conclusions without sufficient supporting facts are insufficient to state a prima facie case; p. 3, warning letter.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

EERA section 3541.5(a)(1) prohibits the Board from issuing a complaint based on an alleged unfair practice occurring more than six months prior to the filing of the charge; p. 3, warning letter.