Decision 1094H – California State University (Academic Professionals of California)
LA-CE-395-H
Decision Date: April 6, 1995
Decision Type: PERB Decision
Description: CSU unilaterally changed the grievance procedure without negotiating.
Disposition: Dismissed for failure to state a prima facie case.
Perc Vol: 19
Perc Index: 26080
Decision Headnotes
1000.02165 – Statutory Rights
Board agent's reliance on Chula Vista City School District (1990) PERB Decision No. 834 was inappropriate as the Board has never ruled on the issue of whether a statutory right exists under HEERA for a union to file a grievance in its own name; pp. 2-4.
1000.02167 – Exclusive Representative’s Right to File Grievances
Board agent's reliance on Chula Vista City School District (1990) PERB Decision No. 834 was inappropriate as the Board has never ruled on the issue of whether a statutory right exists under HEERA for a union to file a grievance in its own name; pp. 2-4.
1100.01000 – In General/Prima Facie Case
Charge that employer engaged in unilateral changes and repudiation of the CBA need not be accepted as true where, as in the present case, they are not supported by factual allegations; p. 5, warning letter.
1101.03000 – Computation of Six-Month Period
Six month period for filing charge runs from the occurrence or discovery of the conduct allegedly constituting an unfair practice not from the discovery of the legal significance of the conduct; p. 2, dismissal letter where discovery was of the employer's policy.
1000.02057 – Grievance Procedure
Board agent's reliance on Chula Vista City School District (1990) PERB Decision No. 834 was inappropriate as the Board has never ruled on the issue of whether a statutory right exists under HEERA for a union to file a grievance in its own name; pp. 2-4.
1101.06000 – Statutory and Equitable Tolling
Under HEERA the six month statute of limitations is not tolled by the pursuit of a grievance concerning the same dispute; p. 3, dismissal letter.