Decision 1094H – California State University (Academic Professionals of California)

LA-CE-395-H

Decision Date: April 6, 1995

Decision Type: PERB Decision

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Perc Vol: 19
Perc Index: 26080

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

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

1000.00000 – SCOPE OF REPRESENTATION
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.

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