Decision 1290S – State of California (Department of Food and Agriculture)
Decision Date: October 8, 1998
Decision Type: PERB Decision
Description: Employee appealed dismissal of his unfair practice charge against the State for denying his information request and discriminating against him for participating in protected activities.
Disposition: Dismissed. State has no duty to provide information to individuals and discrimination charge was untimely.
Perc Vol: 22
Perc Index: 29172
604.01000 – In General
PERB has held that an employer has an obligation to provide to the exclusive representative all information that is necessary and relevant to collective bargaining and administration of the contract, including grievance processing, citing Stockton Unified School District (1980) PERB Decision No. 143; p. 2, warning letter. An employer's duty to provide information does not extend to individual employee requests; p. 2, warning letter.
1101.03000 – Computation of Six-Month Period
The six-month statutory limitations period begins to run when the charging party knew or should have known of the conduct giving rise to the alleged unfair practice, citing Regents of the University of California (1983) PERB Decision No. 359-H; p. 2, warning letter. Charge alleging State discriminated against employee by terminating his employment outside the statutory limitations period must be dismissed as untimely filed; p. 2, warning letter.