Decision 1161E – Santa Rosa Junior College (Aune)

SF-CE-1842

Decision Date: June 26, 1996

Decision Type: PERB Decision

Description: College negligently misrepresented employee’s early retirement options.

Disposition: Dismissed as untimely and for failure to state a prima facie case.

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Perc Vol: 20
Perc Index: 27114

Decision Headnotes

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
202.02000 – Exclusive Representatives

Exclusive representative has exclusive right to elevate a grievance to arbitration, employer cannot be compelled to arbitrate by employee, employer refusal to do so is not an unfair practice; p. 3, warning letter.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Change In Policy

Exclusive representative has exclusive right to elevate a grievance to arbitration, employer cannot be compelled to arbitrate by employee, employer refusal to do so is not an unfair practice; p. 3, warning letter.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

Board does not enforce contractual claim regarding retirement benefits; p. 3, warning letter.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Exclusive representative has exclusive right to elevate a grievance to arbitration, employer cannot be compelled to arbitrate by employee, employer refusal to do so is not an unfair practice; p. 3, warning letter.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.06000 – Statutory and Equitable Tolling

Time between the event and filing of the grievance as well as time after completion of the grievance counts toward the 6 month statute of limitations; p. 3, warning letter.