Decision 0826H – Regents of the University of California (University of California-American Federation of Teachers) * * * OVERRULED by Long Beach Community College District (2003) PERB Decision No. 1564 and Los Angeles Unified School District (2014) PERB Decision No. 2359

SF-CE-272; LA-CE-235-H

Decision Date: July 3, 1990

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: 14
Perc Index: 21142

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

It is the charging party's burden as part of the prima facie case to prove timeliness.

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

The doctrine of equitable tolling did not survive CSU, San Diego (1989) PERB Decision No. 718-H as the limitations period is not an affirmative defense and is non-waivable. The six-month statute of limitations now becomes a part of the charging party's burden of proof as part of the prima facie case.

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

The six-month period begins to run when the charging party has actual or constructive notice of the respondents' clear intent to implement a unilateral change in policy, provided that nothing subsequent to that date evidences a waivering of intent. This is a new test in this area.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.02000 – Amended Charge or Complaint; Withdrawal of Charge; Relation Back Doctrine

The doctrine of relation back does not apply to the facts of this case, because the violations on the Santa Cruz and the Los Angeles campuses did not arise out of the same course of conduct and there was no showing of a system-wide directive to all UC campuses.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.01000 – In General

Absent exigent circumstances, a remedy should not order something that is in contravention of the contract in a unilateral change case.

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

Absent exigent circumstances, a remedy should not order something that is in contravention of the contract in a unilateral change case.