Decision 0607H – California State University, Hayward

SF-CE-192-H

Decision Date: January 2, 1987

Decision Type: PERB Decision

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Perc Vol: 11
Perc Index: 18026

Decision Headnotes

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

32620 (b) 32163 Assistance to a charging party required by Regulation section 32620(b) (1) is "technical" and limited to facilitating proper adherence to Board procedures. Actual drafting or other "legal" assistance is not contemplated. Discretionary legal assistance is provided in section 32163; pp. 7-8.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.06000 – Statutory and Equitable Tolling

Six month statute for filing may be tolled by filing of grievances; p. 18. *[Note: But see CSU, San Diego, PERB No. 718-H, p. 14, overruling any holding that six month time limitations expressed in EERA, HEERA and Dills are non-jurisdictional.]

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Adverse unsafe work assignment within six weeks of filing grievance states a prima facie case, as does the allegations that the employer's representative walked out while grievant was still presenting testimony; p. 14.