Decision 1234E – Milpitas Unified School District
Decision Date: November 20, 1997
Decision Type: PERB Decision
Description: Union appealed dismissal of its unfair practice charge alleging District violated EERA when it unilaterally changed work calendar by closing school facilities during winter break.
Disposition: Dismissed. Union charge was not timely filed.
Perc Vol: 22
Perc Index: 29013
1101.03000 – Computation of Six-Month Period
In a unilateral change case, the statute of limitations commences on the date the charging party has actual or constructive notice of the respondent's clear intent to implement the change in policy and no subsequent wavering of respondent's intent. (Cloverdale Unified School District (1991) PERB Decision No. 911.) The charging party need not await actual implementation of the change in policy to file a charge and should not rest on its rights. (Mt. Diablo Unified School District (1994) PERB Decision No. 1034.) When District representative informed exclusive representative that District had right to make the change without negotiating, union had actual notice of District's intent to make the change.