Decision 0931S – Association of California State Attorneys (Winston)
LA-CO-45-S
Decision Date: May 14, 1992
Decision Type: PERB Decision
Perc Vol: 16
Perc Index: 23072
Decision Headnotes
800.02000 – Grievance Handling/Contract Administration
Unfair practice charge alleging that exclusive representative failed to adequately represent charging party at an arbitration hearing did not include sufficient facts to show arbitrary, discriminatory, or bad faith conduct; p. 2, warning letter. Not improper for union to deny grievant's request to represent self or have own attorney at arbitration.
800.05000 – Mode or Adequacy of Representation/Advocacy
Unfair practice charge alleging that exclusive representative failed to adequately represent charging party at an arbitration hearing did not include sufficient facts to show arbitrary, discriminatory, or bad faith conduct; p. 2, warning letter. Not improper for union to deny grievant's request to represent self or have own attorney at arbitration.
1101.01000 – In General
As all allegations in unfair practice charge occurred more than six months prior to the filing of the charge, Board agent properly dismissed charge; p. 3, warning letter. Board agent's statement to charging party that he "had one year to file" did not clearly refer to the filing of an unfair practice charge and did not excuse charging party's responsibility to timely file his unfair practice charge; p. 3.
1101.03000 – Computation of Six-Month Period
As charging party arguably knew or should have known of the exclusive representative's alleged unlawful conduct at, or before, the arbitration hearing, the statute of limitations does no begin to run on date when charging party received the arbitrator's decision; p. 3, warning letter.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Pursuant to PERB Regulation 32365, Board did not consider facts raised for first time on appeal; p. 2.
1107.20000 – Other
Pursuant to PERB Regulation 32365, Board did not consider facts raised for first time on appeal; p. 2. Board agent's statement to charging party that he "had one year to file" did not clearly refer to the filing of an unfair practice charge and did not excuse charging party's responsibility to timely file his unfair practice charge; p. 3.
1503.02000 – Regulations Considered (By Number)
Pursuant to PERB Regulation 32365, Board did not consider facts raised for first time on appeal; p. 2.