Decision 1303E – Coachella Valley Unified School District
LA-CE-3822
Decision Date: December 11, 1998
Decision Type: PERB Decision
Description: Employee appealed Board agent’s dismissal of his unfair practice charge against the District for violating EERA by falling to process a grievance to arbitration and by retaliating against him for participating in protected activity.
Disposition: Dismissed. Charge untimely.
Perc Vol: 23
Perc Index: 30027
Decision Headnotes
501.01000 – In General; Elements of Prima Facie Case
A charge which does not provide a clear and concise statement of the alleged retaliatory conduct by the employer does not state a prima facie violation of the EERA; p. 4, dismissal letter; p. 6, warning letter.
503.01000 – In General
The employer had no duty to arbitrate the grievance as the employer's actions occurred after the expiration of the contract, the conduct did not infringe on vested rights under the agreement and the agreement has no separate authority that under normal principals of contract interpretation, require the continuation of the contract provision, citing State of California, Department of Youth Authority PERB Decision No. 962; p. 4, dismissal letter; p. 6, warning letter.
1101.01000 – In General
Charge filed in July 1997 alleging discrimination in January 1997 does not comport with section 3541.5(a) which provides that PERB shall not issue a complaint in any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge; p. 4, dismissal letter. A charge which does not provide a clear and concise statement of the alleged retaliatory conduct by the employer does not state a prima facie violation of the EERA; p. 4, dismissal letter; p. 6, warning letter.
1102.01000 – Pre-Arbitration
The employer had no duty to arbitrate the grievance as the employer's actions occurred after the expiration of the contract, the conduct did not infringe on vested rights under the agreement and the agreement had no separate authority that under normal principals of contract interpretation, require the continuation of the contract provision, citing State of California, Department of Youth Authority PERB Decision No. 962; p. 4, dismissal letter; p. 6, warning letter.