CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION – Post Arbitration; Repugnancy
Single Topic for Decision 1682E
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1102.02000 – Post Arbitration; Repugnancy
CSEA’s motion to amend its charge at the hearing to add an allegation of retaliation was denied as untimely. The proposed amendment also did not fall within an exception to the limitations provision in that it did was not fully litigated during the hearing. It should be noted that since the issuance of the proposed decision and the submission of exceptions and responses, the Board issued Long Beach Community College District (2003) PERB Decision No. 1564 (Long Beach) in which it reexamined whether the statute of limitations is a jurisdictional bar and found it instead to be an affirmative defense. As neither party excepted to the ALJ’s ruling on this issue, the Board did not address the effect of Long Beach on this case.