Decision 1307E – Orange Unified Education Association, California Teachers Association (Rossmann, et al.)
Decision Date: January 14, 1999
Decision Type: PERB Decision
Description: Employees appealed Board agent’s dismissal of unfair practice charge against the Union alleging that it violated its duty of fair representation under EERA.
Disposition: Dismissed. Charge untimely flied.
Perc Vol: 23
Perc Index: 30045
1101.01000 – In General
A charge alleging violation of duty of fair representation under EERA must comport with section 3541.5(a)(1) 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. It is not the charging party's knowledge of the law which starts the statute of limitations running. It starts to run when the charging party knew or should have known of the activities allegedly violating EERA; p. 2, dismissal letter.