Decision 1352E – American Federation of Teachers, et al. (Kok)
Decision Date: September 29, 1999
Decision Type: PERB Decision
Perc Vol: 23
Perc Index: 30172
1100.01000 – In General/Prima Facie Case
Charging party must provide facts demonstrating a prima facie violation; mere legal conclusions are insufficient. State of California, Department of Food and Agriculture (1994) PERB Decision No. 1071-S.
1101.01000 – In General
Charge was untimely because it was clear in October 1997 that union was not going to assist the charging party in pursuit of his grievance or request for arbitration. This charge was filed on more than 18 months later.
1101.06000 – Statutory and Equitable Tolling
Grievance filed against the employer does not toll the statute with regard to claim against union. Filing of previous charges and claims with PERB and the courts do not toll the statute of limitations. PERB has found that the EERA only permits tolling by the filing of a grievance under a contract procedure that ends in binding arbitration. (San Dieguito Union High School District (1982) PERB Decision No. 194. There is no equitable tolling in PERB proceedings. (San Diego Unified School District (1992) PERB Decision 885.)