Decision 0718H – California State University, San Diego * * * OVERRULED by Long Beach Community College District (2003) PERB Decision No. 1564, and Los Angeles Unified School District (2014) PERB Decision No. 2359

LA-CE-115-H and LA-CE-119-H

Decision Date: January 17, 1989

Decision Type: PERB Decision

* * * OVERRULED by Long Beach Community College District (2003) PERB Decision No. 1564, and Los Angeles Unified School District (2014) PERB Decision No. 2359 * * *

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Perc Vol: 13
Perc Index: 20037

Decision Headnotes

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.07000 – Waiver; Estoppel

Board held that HEERA section 3563.2(a) constitutes a jurisdictional bar to charges filed outside its prescribed six month time period. Board disapproves of any application of PERB Regulation 32644 making the untimeliness of unfair practice charge an affirmative defense subject to a party's waiver.

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

Board held that HEERA section 3563.2(a) constitutes a jurisdictional bar to charges filed outside its prescribed six month time period. Board disapproves of any application of PERB Regulation 32644 making the untimeliness of unfair practice charge an affirmative defense subject to a party's waiver.

1000.00000 – SCOPE OF REPRESENTATION
1000.02147 – Transfer of Work Out of Unit

No unlawful transfer of work where bargaining unit employees did not cease to perform work which they had previously performed and past practice existed whereby non-bargaining unit employee perfomed bargaining unit work in response to emergency conditions.

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

32644. Board held that HEERA section 3563.2(a) constitutes a jurisdictional bar to charges filed outside its prescribed six month period. Board disapproves of any application of PERB Regulation 32644 making the untimeliness of unfair practice charge an affirmative defense subject to a party's waiver.