Decision 2923E – California Online Community College District-Calbright College
LA-CE-6864-E
Decision Date: September 25, 2024
Decision Type: PERB Decision (Non-Precedential)
Description: Charging Party Velvet Miscione filed an unfair practice charge alleging that the California Online Community College District–Calbright College (the District or Calbright) violated section 3543.5, subdivision (a) of the Educational Employment Relations Act (EERA) by retaliating against her for role as a lead negotiator for the exclusive representative in collective bargaining agreement (CBA) negotiations. Charging Party also alleged violations of the CBA, the Education Code, and the District’s board policy. The Office of General Counsel (OGC) dismissed Miscione’s charge as untimely, finding that she filed her charge outside of the six-month statute of limitations period and the doctrine of equitable estoppel did not apply to her claims. OGC also dismissed Miscione’s remaining claims because they were outside of PERB’s jurisdiction.
Disposition: The Board affirmed OGC’s dismissal, and supplemented OGC’s determination by holding that equitable tolling was inapplicable and did not revive charging party’s claims.
Perc Vol: 49
Perc Index: 70
Decision Headnotes