Los Angeles Community College District (Hoodye) (PERB 0847E)

STATE 	OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
ROSA NELL HOODYE,
Charging 	Party,
v.
LOS ANGELES 	COMMUNITY COLLEGE
DISTRICT,
Respondent.
Case No. 	LA-CE-2889
PERB Decision No. 	847
October 30, 	1990
Appearance: 	Rosa Nell Hoodye, 	on her own behalf.
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 Rosa Nell Hoodye 	(Hoodye) 	of a 	Board
agent's 	dismissal 	of her charge that the Los Angeles 	Community
College District 	(District) 	violated 	section 3543.5(a) 	of 	the
Educational Employment Relations Act 	(EERA).1
PERB Regulation 	section 	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 	Code 	of
Regulations, 	title 8, 	section 31001 et seq.
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(2) 	Identify the page or part of 	the
dismissal 	to which 	each appeal 	is 	taken;
(3) 	State the grounds 	for each issue 	stated.
Hoodye's appeal, 	in its entirety, 	reads as follows:
Unfair Practice Charge No. 	LA-CE-2889.
RE: 	REVIEW OF 	DISMISSAL AND FILING AN APPEAL
TO THE 	BOARD.
Pursuant 	to 	Public 	Employment 	Relations 	Board
regulations. 	(California Administrative
Code, title 8, 	section 32635(a)).
This 	appeal 	does 	not 	comply with 	PERB 	Regulation 	section
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, 	denies the appeal
and 	finds 	it 	unnecessary 	to 	determine whether 	the 	charge was
otherwise 	sufficient 	to 	state a prima 	facie 	case.3
33The 	Board notes 	that 	Hoodye's 	allegations 	of 	racial
discrimination and harassment 	against 	the 	District 	are 	not
cognizable under the 	EERA, 	and therefore 	PERB has 	no 	jurisdiction
over 	them.
22

The unfair practice charge 	in Case No. 	LA-CE-2889 	is hereby
DISMISSED WITHOUT 	LEAVE 	TO AMEND.
By the 	Board4
4Member Craib did not participate 	in this 	Decision.
3