Los Angeles Unified School District (PERB 2269E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
NATHANIEL CHUKWU,
Charging Party,
V.
LOS ANGELES UNIFIED SCHOOL DISTRICT,
Respondent.
Case No. LA-CE-5495-E
PERB Decision No. 2269
May 31, 2012
Appearance: Nathaniel Chukwu, on his own behalf.
Before Martinez, Chair; Dowdin Calvillo and Huguenin, Members.
DECISION
MARTINEZ, Chair: This case is before the Public Employment Reiations Board
(PERB or Board) on appeal by Nathaniel Chukwu (Chukwu) from the PERB Office
of
the
General Counsel's partial dismissal
of
his unfair practice charge. The charge alleged, in part,
that the Los Angeles Unified School District (LAUSD) violated the Educational Employment
Relations Act (EERA)1 by issuing a performance evaluation report in retaliation for engaging
in protected activity. The charge alleged that this conduct violated EERA section 3543.5. The
Board agent determined that this allegation failed to state a prima facie case and issued a
1 EERA is codified at Government Code section 3540 et seq.

partial dismissal, dismissing this allegation of the charge.2 By letter dated May 14, 2012,
Chukwu notified the Board that he wished to withdraw his appeal. 3
The Board has discretion to grant or deny requests to withdraw and dismiss cases
pending before the Board itself. (PERB Reg. 32320, subd. (a)(2) ["The Board itself may ...
take such other action as it considers proper."]; State of California (Department of Personnel
Administration) (2010) PERB Decision No. 2152-S; Grossmont-Cuyamaca Community
College District (2009) PERB Order No. Ad-380; Oakland Unified School District (1988)
PERB Order No. Ad-171; ABC Unified School District (1991) PERB Decision No. 831 b.)
Based on our review of Chukwu's letter and the entire record in this matter, the Board finds
- The Board agent dismissed other allegations of the charge including allegations of a
denial of a tutoring opportunity and race discrimination. The former was dismissed on
timeliness grounds, the latter on lack of jurisdiction. In addition, the Board agent dismissed,
for failure to state a prima facie case, allegations that LAUSD personnel visited Chukwu's
classroom, sent him to classroom management training, and had a meeting with him in
retaliation for engaging in protected activity, and other miscellaneous allegations. The
components of the Board agent's partial dismissal discussed in this footnote were not appealed.
As noted, Chukwu appealed from a partial dismissal, meaning that certain of his
allegations were not dismissed. The Board takes notice of the official PERB file. 	On the same
date the partial dismissal was issued, the Office of the General Counsel also issued a
complaint, which was amended on January 11, 2012. The amended complaint alleged that, in
retaliation for engaging in protected activity, LAUSD assigned Chukwu to teach seventh grade
basic math in a class including students who were low-performing, had special needs and
spoke English as a second language; that LAUSD assigned Chukwu to a new eighth grade
program to teach classes including students who were low-performing, had special needs and
spoke English as a second language; and issued him a conference memorandum. By letter
dated January 30, 2012, Chukwu and LAU SD jointly requested that the appeal of the partial
dismissal be placed in abeyance pending settlement discussions.
After an informal conference conducted by a PERB Board agent but before the formal
hearing, Chukwu requested the unfair practice charge be withdrawn. On May 15, 2012, a
Notice of Withdrawal, Dismissal of Complaint and Closure of Case was served on the parties.
3 Chukwu' s letter references the filing of "exceptions," which we interpret to mean his
appeal because there is no proposed decision in this case. Board review of a proposed decision
of an administrative law judge after a hearing on a complaint is initiated by way of a statement
of exceptions. (PERB Reg. 32300, subd. (a).) Board review of a dismissal is initiated by way
of an appeal. 	(PERB Reg. 32635, subd. (a).) (PERB regs. are codified at Cal. Code Regs.,
tit. 8, sec. 31001, et. seq.)
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withdrawal of the appeal is in the best interests of the parties and consistent with the purposes
of EERA. Accordingly, the Board grants Chukwu's request to withdraw his appeal.
ORDER
The request by Nathaniel Chukwu to withdraw his appeal in Case No. LA-CE-5495-E
is hereby GRANTED.
Members Dowdin Calvillo and Huguenin joined in this Decision.
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