Decision 0271E – Lemoore Union High School District

S-CE-390-391

Decision Date: December 28, 1982

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14026

Decision Headnotes

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

Statute of limitations does not preclude consideration of events occurring prior to the time period if such evidence sheds light on the alleged violation; pp. 36-37, proposed dec. Using test in Carlsbad USD (1979) PERB Decision No. 89, Board determined that District discriminated against charging party in the selection of vice principal position; pp. 33-36, proposed dec.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.02000 – Reinstatement

Remedy of backpay and placement in comparable job is inappropriate where no finding of unlawful deprivation of job; p. 3.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.03000 – Back Pay; Interest

Remedy of backpay and placement in comparable job is inappropriate where no finding of unlawful deprivation of job; p. 3.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.07000 – Restoration of Status Quo

Unlawful denial of opportunity to compete for job demands that a nondiscriminatory opportunity be provided to changing party; p. 3.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.02000 – Background Evidence and Matters Not Alleged

Statute of limitations does not preclude consideration of events occuring prior to the time period if such evidence sheds light on the alleged violation; pp. 36-37, proposed dec.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

Although decision to deny promotional opportunity occurred outside 6 month statute of limitation, effect of that decision within limitation period is reviewable as a potential violation of EERA; p. 30, proposed dec.