Decision 0925E – California School Employees Association (LaFountain)
LA-CO-565
Decision Date: March 10, 1992
Decision Type: PERB Decision
Perc Vol: 16
Perc Index: 23049
Decision Headnotes
800.01000 – In General; Prima Facie Case
Dismissal of DFR charge upheld where allegations untimely and failed to allege a prima facie case.
800.04000 – Scope of Duty; Internal Union Affairs
No duty owed where union doesn't control the exclusive means to obtain a remedy, such as appeals to the county, U.S. Department of Labor or EDD.
1100.05000 – Dismissal of Charge; Appeal
Board affirms dismissal of charge, finding allegations not stated in charge or amended charge constituted new charge allegations or new supporting evidence within the meaning of PERB Regulation section 32635(b), and therefore could not be considered without a showing of good cause.
1101.03000 – Computation of Six-Month Period
In DFR case, a claim accrues when the employee, in the exercise of reasonable diligence, knew or should have known that further assistance from the union was unlikely.
1101.04000 – Continuing Violation
Board affirms dismissal of alleged breach of DFR for lack of timeliness, also finding no continuing violation because the untimely violation was not revived by subsequent conduct.
1503.02000 – Regulations Considered (By Number)
PERB Regulation section 32635(b). Board affirms dismissal of charge, finding allegations not stated in charge or amended charge constituted new charge allegations or new supporting evidence within the meaning of PERB Regulation section 32635(b), and therefore could not be considered without a showing of good cause.