Decision 0685E – Hacienda La Puente Unified School District  * * * SUPERCEDED by amendment to EERA section 3543.5, subdivision (a) Stats. 1989, Ch. 313

LA-CE-2267

Decision Date: June 24, 1988

Decision Type: PERB Decision

 * * * SUPERCEDED by amendment to EERA section 3543.5, subdivision (a) Stats. 1989, Ch. 313 * * *

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Perc Vol: 12
Perc Index: 19113

Decision Headnotes

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

Act of resignation must fall within 6-month Statute of Limitations period, because District's later acceptance within 6-month period was only a ministerial act.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.07000 – Discharge; Layoffs; Constructive Discharge; Rejection During Probation

For resignation to be constructive discharge - burden imposed upon employee must cause, and be intended to cause, a change in working conditions so difficult and unpleasant as to force him to resign, and burden was imposed because of employee's union activities.

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.01000 – In General

Applicants for employment are not employees protected by Government Code section 3543.5(a). Note: Statute amended to define applicants as employees.

502.00000 – EMPLOYER DISCRIMINATION; PERSONS PROTECTED
502.01000 – In General

Applicants for employment are not employees protected by Government Code section 3543.5(a). Note: Statute amended after decisions.

1407.00000 – GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION
1407.01000 – General Principles

Statutory construction used only where term is ambiguous; p. 17.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Employee organization has standing to allege 3543.5(b) violation where applicant for employment is subject of discrimination.