Decision 0718H – California State University, San Diego * * * OVERRULED by Long Beach Community College District (2003) PERB Decision No. 1564, and Los Angeles Unified School District (2014) PERB Decision No. 2359
LA-CE-115-H and LA-CE-119-H
Decision Date: January 17, 1989
Decision Type: PERB Decision
* * * OVERRULED by Long Beach Community College District (2003) PERB Decision No. 1564, and Los Angeles Unified School District (2014) PERB Decision No. 2359 * * *
Perc Vol: 13
Perc Index: 20037
Decision Headnotes
1101.07000 – Waiver; Estoppel
* * * OVERRULED IN PART by Long Beach Community College District (2003) PERB Decision No. 1564, where the Board held that the six-month statute of limitations is not jurisdictional and thus may be equitably tolled, and by Los Angeles Unified School District (2014) PERB Decision No. 2359, where the Board held that the statute of limitations is an affirmative defense that may be waived. * * *
Board held that HEERA section 3563.2(a) constitutes a jurisdictional bar to charges filed outside its prescribed six month time period. Board disapproves of any application of PERB Regulation 32644 making the untimeliness of unfair practice charge an affirmative defense subject to a party's waiver.
1101.01000 – In General
* * * OVERRULED IN PART by Long Beach Community College District (2003) PERB Decision No. 1564, where the Board held that the six-month statute of limitations is not jurisdictional and thus may be equitably tolled, and by Los Angeles Unified School District (2014) PERB Decision No. 2359, where the Board held that the statute of limitations is an affirmative defense that may be waived. * * *
Board held that HEERA section 3563.2(a) constitutes a jurisdictional bar to charges filed outside its prescribed six month time period. Board disapproves of any application of PERB Regulation 32644 making the untimeliness of unfair practice charge an affirmative defense subject to a party's waiver.
1000.02147 – Transfer of Work Out of Unit
* * * OVERRULED IN PART ON OTHER GROUNDS by Long Beach Community College District (2003) PERB Decision No. 1564, and Los Angeles Unified School District (2014) PERB Decision No. 2359. * * *
No unlawful transfer of work where bargaining unit employees did not cease to perform work which they had previously performed and past practice existed whereby non-bargaining unit employee perfomed bargaining unit work in response to emergency conditions.
1503.02000 – Regulations Considered (By Number)
* * * OVERRULED IN PART by Long Beach Community College District (2003) PERB Decision No. 1564, where the Board held that the six-month statute of limitations is not jurisdictional and thus may be equitably tolled, and by Los Angeles Unified School District (2014) PERB Decision No. 2359, where the Board held that the statute of limitations is an affirmative defense that may be waived. * * *
Pursuant to PERB Regulation 32644. Board held that HEERA section 3563.2(a) constitutes a jurisdictional bar to charges filed outside its prescribed six month period. Board disapproves of any application of PERB Regulation 32644 making the untimeliness of unfair practice charge an affirmative defense subject to a party's waiver.