Decision 1131E – Salinas City Elementary School District (Rodriquez)
SF-CE-1777
Decision Date: January 10, 1996
Decision Type: PERB Decision
Description: District unlawfully terminated employee’s employment.
Disposition: Dismissed for lack of jurisdiction, failure to state a prima facie case and as untimely.
Perc Vol: 20
Perc Index: 27026
Decision Headnotes
102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
Claims covered under the Worker's Compensation laws and the ADA are not under PERB's jurisdiction; p. 7, warning letter.
1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period
1101.03000 – Computation of Six-Month Period
EERA section 3541.5(a)(1) bars the issuance of a complaint since acts occurred more than six months prior to filing of charges; p. 7, warning letter. Six-month period commences to run when the charging party knew or should have known of the conduct giving rise to the alleged unfair practice (citation); p. 7, warning letter.