Decision 1327H – Regents of the University of California

SA-CE-122-H

Decision Date: April 26, 1999

Decision Type: PERB Decision

Description: Employee appealed Board agent’s dismissal of his unfair practice charge against the University alleging that it violated HEERA by terminating his employment.

Disposition: Dismissed. Charge untimely filed.

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Perc Vol: 23
Perc Index: 30099

Decision Headnotes

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

The six-month statute of limitations began to run when the charging party knew or should have known of the conduct giving rise to the alleged unfair practice. Regents of the University of California (1983) PERB Decision No. 359-H. Here the statute began to run on May 1, 1996 when the employee received notice of termination. The University's March 28, 1997 offer to reinstate him as part of a settlement does evidence a waivering of intent.