Decision 1234E – Milpitas Unified School District

SF-CE-1947

Decision Date: November 20, 1997

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29013

Decision Headnotes

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.