Decision 1203S – State of California (Prison Industry Authority)
SA-CE-881-S
Decision Date: June 18, 1997
Decision Type: PERB Decision
Description: Union appealed dismissal of its charge that employer unilaterally changed working conditions.
Disposition: Dismissed. Union’s charge was not timely flied.
Perc Vol: 21
Perc Index: 28115
Decision Headnotes
1109.02000 – Statute of Limitations
The limitations period begins to run once the charging party knows, or should have known, of the conduct underlying the charge. University of California (1990) PERB Decision No. 826-H, California State University (San Diego) (1989) PERB Decision No. 718-H; id., p. 2. Where charging party had knowledge of the use of limited term employment for nearly two and a half years prior to statute of limitation date, charge was untimely filed; id.
1100.05000 – Dismissal of Charge; Appeal
If charging party does not correct misinterpretations expressed in the warning letter, it cannot do so on appeal. If they are raised on appeal, they will be treated as "new charge allegations" and not considered by the Board unless good cause for submitting the allegations for the first time on appeal is shown.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
If charging party does not correct misinterpretations expressed in the warning letter, it cannot do so on appeal. If they are raised on appeal, they will be treated as "new charge allegations" and not considered by the Board unless good cause for submitting the allegations for the first time on appeal is shown.
1107.06000 – De Novo Review; Standard of Review by Board
If charging party does not correct misinterpretations expressed in the warning letter, it cannot do so on appeal. If they are raised on appeal, they will be treated as "new charge allegations" and not considered by the Board unless good cause for submitting the allegations for the first time on appeal is shown.
1503.03000 – Regulations Considered (By Number) (Continued)
If charging party does not correct misinterpretations expressed in the warning letter, it cannot do so on appeal. If they are raised on appeal, they will be treated as "new charge allegations" and not considered by the Board unless good cause for submitting the allegations for the first time on appeal is shown.