Decision 0925E – California School Employees Association (LaFountain)

LA-CO-565

Decision Date: March 10, 1992

Decision Type: PERB Decision

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Perc Vol: 16
Perc Index: 23049

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

Dismissal of DFR charge upheld where allegations untimely and failed to allege a prima facie case.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.