All notes for Subtopic 1502.09000 – Complaint/Timeliness/Standing/Service

DecisionDescriptionPERC Vol.PERC IndexDate
2273E Standard School District
1502.9000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Complaint/Timeliness/Standing/Service
Under the Gavilan “knew or should have known” standard, the statute of limitations for a charge alleging a violation of the public notice provisions of EERA begins to run either upon publication of a public notice or a meeting at which bargaining proposals will be sunshined or at the public meeting itself. Thus, if the charge alleges that the notice itself was defective, the statute of limitations begins to run upon publication of the notice. If the charge alleges that the notice itself was proper but the proposals sunshined at the meeting failed to comply with the provisions of EERA section 3547, the limitations period begins to run on the date of the meeting where the proposals were presented to the public. For the continuing violation doctrine to apply, the conduct alleged during the limitations period must be of the same type as that alleged outside the limitations period and must stand on its own as an unfair practice. Doctrine inapplicable to alleged refusal to negotiate over proposals sunshined at public meeting, where allegations did not state an independent unfair practice and conduct in seeking to negotiate is not of the same type as alleged violation of public notice requirements of EERA section 3547. Alleged adoption of initial proposals at public meeting did not revive earlier allegation that notice provided previously failed to comply with requirements of section 3547. more or view all topics or full text.
06/22/12
A053E Los Angeles Unified School District (Kimmett)
1502.9000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Complaint/Timeliness/Standing/Service
PERB Regulation 37010 allows any individual who is resident of school district involved in complaint, or who is parent or guardian of student in district or an adult student in the district, to file public notice complaint; complaint dismissed where complainant does not meet one of these criteria; p. 3. Public notice complainants were dismissed from further participation in complaint where they failed to sign complaint; p. 5, notice of dismissal PERB Regulation 37010 requires dismissal of public notice complaint where allegations known to complainant occured more than 30 days prior to the filing of the original complaint; p. 5, notice of dismissal. more or view all topics or full text.
31001401/08/79
A041E Los Angeles Community College District (Kimmett)
1502.9000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Complaint/Timeliness/Standing/Service
Public notice complaint dismissed as untimely where the conduct at issue occurred in its entirety more than 30 days prior to the date the complaint was filed. more or view all topics or full text.
2214007/14/78
1016E Huntington Beach Union High School District (McKinney)
1502.9000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Complaint/Timeliness/Standing/Service
Complaint not timely where complainant could reasonably have confirmed whether negotiations had started prior to the time he claimed to have learned of the District's actions; pp. 2, 3. more or view all topics or full text.
172416710/07/93
0964E Los Angeles Unified School District (Watts)
1502.9000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Complaint/Timeliness/Standing/Service
Complainant timely filed a public notice complaint by certified mail on the last day set for filing; p. 5. Assertion that complainant was aware of proposal earlier not sufficient. more or view all topics or full text.
172402112/08/92
0397E Los Angeles Unified School District (Watts)
1502.9000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Complaint/Timeliness/Standing/Service
Section 3547(a) mandates presentation of all initial proposals at a public meeting. As complaint alleged, the meeting was closed to the public, complaint stated prima facie violation; p. 5. Mere allegations that method of sunshining classified employee organization proposals differs from certificated employee organization proposals does not state prima facie case in absence that method is legally deficient; p. 6. more or view all topics or full text.
81514708/16/84
0335E Los Angeles Unified School District
1502.9000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Complaint/Timeliness/Standing/Service
Broadly worded allegations of violation of statutory requirements are insufficient - specific acts must be alleged to support issuance of complaint. more or view all topics or full text.
71422708/18/83
0309E Los Angeles Community College District (Kimmett)
1502.9000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Complaint/Timeliness/Standing/Service
Charges concerning public notice must be filed as public notice complaints pursuant to expedited proceeding in PERB regulations and not as unfair practice charges; p. 5. more or view all topics or full text.
71415505/18/83
0186E Los Angeles Community College District (Watts)
1502.9000: MISCELLANEOUS ISSUES; PUBLIC NOTICE; Complaint/Timeliness/Standing/Service
Public notice complaint did not state a prima facie case where it alleged (1) a five-minute time allotment per speaker was insufficient to address negotiation proposals; (2) addressing six proposals on a single agenda was burdensome and prevented complainant from expressing himself on the issues; and (3) the Los Angeles Community College District never made public a board of trustees vote on a negotiation proposal. Complaint was not prejudiced by failure of Board agent to include a proof of service in the letter dismissing complaint. more or view all topics or full text.
61300812/15/81