Decision 0978E – Fresno County Office of Education * * * OVERRULED by County of San Diego (2020) PERB Decision No. 2721-M

S-CE-1509

Decision Date: March 9, 1993

Decision Type: PERB Decision

* * * OVERRULED by County of San Diego (2020) PERB Decision No. 2721-M * * *

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Perc Vol: 17
Perc Index: 24052

Decision Headnotes

502.00000 – EMPLOYER DISCRIMINATION; PERSONS PROTECTED
502.01000 – In General

* * * OVERRULED ON OTHER GROUNDS by County of San Diego (2020) PERB Decision No. 2721-M. * * *

Amended charge that contained numerous conclusionary statements regarding discriminatory attitute and disparate treatment failed to demonstrate evaluation of individual was because of union activity; p. 2, dismissal letter.

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

* * * OVERRULED by County of San Diego (2020) PERB Decision No. 2721-M, where the Board held that the continuing violation doctrine and new wrongful act doctrine are separate statute of limitations exceptions and must be analyzed separately. For continuing violation doctrine to apply, charging party need not allege or prove a new wrongful act within the limitations period. * * *

Party failed to file charge during the six-month statutory period; p. 2, warning letter.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.04000 – Continuing Violation

* * * OVERRULED by County of San Diego (2020) PERB Decision No. 2721-M, where the Board held that the continuing violation doctrine and new wrongful act doctrine are separate statute of limitations exceptions and must be analyzed separately. For continuing violation doctrine to apply, charging party need not allege or prove a new wrongful act within the limitations period. * * *

Party failed to demonstrate that the Fresno County Office of Education had changed its original position of refusing to recognize an individual as a site representative. Therefore, no continuing violation existed; p. 2, dismissal letter.