Decision 1197S – State of California (Department of Insurance) (Nylander-McGuire)

LA-CE-371-S

Decision Date: May 6, 1997

Decision Type: PERB Decision

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Perc Vol: 21
Perc Index: 28094

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

The individual employee lacks standing to file a bad faith bargaining or unilateral change charge against an employer; p. 3, warning letter.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.08000 – Pleading Requirements

PERB Regulation 32615(a)(5) requires the charge to contain a clear and concise statement of the conduct alleged to constitute an unfair practice, including the "who, what, when, where and how" of an unfair practice; p. 2, warning letter.

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

The Charging Party bears the burden of demonstrating the charge has been filed within the six months statute of limitations period; p. 2, dismissal letter.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

PERB Regulation 32615(a)(5) requires the charge to contain a clear and concise statement of the conduct allege to constitute an unfair practice, including the "who, what, when, where and how" of an unfair practice; p. 2, warning letter.