United Teachers - Los Angeles (Glickberg) (PERB 0846E)

STATE 	OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
DAVID 	GLICKBERG,
Charging 	Party,
v.
UNITED TEACHERS 	- 	LOS ANGELES,
Respondent.
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) 	Case No. 	LA-CO-514
PERB Decision No. 	846
October 	30, 	1990
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Appearances: 	Mark Henry Shafron, 	Attorney, 	for David Glickberg;
Taylor, 	Roth, 	Bush and Geffner by Jesus E. 	Quinonez, 	Attorney,
for United Teachers 	- 	Los Angeles.
Before Hesse, 	Chairperson; 	Shank, 	Camilli and Cunningham,
Members.
DECISION AND 	ORDER
This 	case 	is 	before 	the 	Public 	Employment Relations 	Board
(PERB or Board) 	on appeal by David Glickberg 	(Glickberg) 	of 	a
Board 	agent's 	dismissal 	of his 	charge 	that 	the 	United Teachers 	-
Los 	Angeles 	(UTLA) 	violated the 	Educational 	Employment 	Relations
Act 	(EERA).1
PERB 	Regulation 	32635,2 which governs 	review of dismissals,
states, 	in pertinent part:
The appeal 	shall:
(1) 	State the 	specific 	issues of procedure,
fact, 	law or rationale to which the appeal 	is
taken;
1 EERA 	is 	codified 	at 	Government 	Code 	section 	3540 	et 	seq.
Unless otherwise indicated, 	all 	statutory references herein are to
the Government Code.
22PERB 	Regulations 	are 	codified 	at 	California 	Administrative
Code, 	title 8, 	section 31001 	et seq.
______________ )

(2) 	Identify the page or part of 	the
dismissal to which each appeal 	is 	taken;
(3) 	State the grounds 	for each 	issue 	stated.
Glickberg's appeal, 	in its entirety, 	reads as 	follows:
Claimant 	David 	Glickberg 	hereby 	appeals 	the
decision by 	the 	Public 	Employment 	Relations
Board, 	dated June 29, 	1990, 	Dismissing and
Refusing to 	issue 	a 	complaint 	in the 	above-
captioned 	matter.
This 	appeal does 	not comply with PERB Regulation 	32635, 	as
it does 	not 	identify which portions 	of 	the dismissal 	are
challenged, 	nor does 	it 	indicate the grounds 	for the appeal. 	The
Board has 	held 	that 	compliance with 	regulations 	governing 	appeals
is 	required 	to 	afford the 	respondent 	and the 	Board 	an adequate
opportunity to address 	the 	issues 	raised, 	and noncompliance will
warrant dismissal 	of 	the 	appeal. 	(Oakland Education Association
(Baker) 	(1990) 	PERB Decision No. 	827, p. 	2; 	United Teachers - Los
Angeles 	(Abboud. 	et al.) 	(1989) 	PERB Decision No. 	738, 	p. 	2.)
The 	Board 	therefore 	rejects 	the 	appeal 	and 	finds 	it 	unnecessary
to 	determine whether 	the 	charge was 	otherwise 	sufficient 	to 	state
a prima 	facie 	case.
3The 	Board 	notes 	that 	Glickberg 	has 	alleged 	that 	UTLA
discriminated 	against 	him 	on 	the 	basis 	of 	his 	age. 	Age
discrimination 	is 	not 	cognizable under 	the 	EERA, 	and therefore
PERB has 	no 	jurisdiction over 	such allegations.
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The unfair practice charge 	in Case No. 	LA-CO-514 	is hereby
DISMISSED WITHOUT LEAVE 	TO AMEND.
By 	the 	Board4
"Member Craib did not participate 	in this 	Decision.
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