Decision 0812S – State of CA (Secretary of State)

LA-CE-196-S

Decision Date: June 7, 1990

Decision Type: PERB Decision

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Perc Vol: 14
Perc Index: 21115

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

Where the Board is without jurisdiction with respect to a matter before it, it must dismiss the matter on its own motion regardless of whether the jurisdictional issue has been raised by the parties.

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

Failure to file a charge within six months of the alleged unfair practice is a jurisdictional prerequisite which if not met requires the dismissal of the charge.

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

Charging party's claim was filed four days late under the formula established in Saddleback Valley Unified School District (1985) PERB Decision No. 558 which established a formula for calculating the statutory six-month period for filing a charge.

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

Running of the statutory requirement that a claim must be filed within six months of the unfair practice was tolled under the statute while the charging party pursued her remedies under the grievance procedure of the contract. Running of the statute recommenced when CSEA notified the charging party of its final decision not to pursue the claim to binding arbitration. Survival of the doctrine of equitable tolling, in light of CSU (San Diego) (1989) PERB Decision No. 718-H, was not discussed because Chen's claim was untimely even if the statute was tolled on equitable principles (i.e., that she was preparing to file a grievance). (No equittable tolling pursuant to UC (UC-AFT) (1990) PERB Decision No. 826-H.)