Decision 1358E – Los Angeles County Education Association, CTA/NEA (Burton)
LA-CO-793
Decision Date: October 27, 1999
Decision Type: PERB Decision
Description: The Board dismissed the charge, which alleged that the Los Angeles County Education Association violated charging party’s rights by not representing her when she was ordered to leave campus.
Disposition: Dismissal. Certain allegations untimely: union has no duty to notify members of Impending bad news.
Perc Vol: 24
Perc Index: 31002
Decision Headnotes
800.04000 – Scope of Duty; Internal Union Affairs
A union has no duty to notify its members of impending visits by the employer, or of impending bad news.
1100.02000 – Investigation of Charge
Where charging party fails to allege that any specific section of the Government Code has been violated a Board agent, upon a review of the charge, may determine under what section the charge should be analyzed.
1100.08000 – Pleading Requirements
Where charging party fails to allege that any specific section of the Government Code has been violated a Board agent, upon a review of the charge, may determine under what section the charge should be analyzed.
1101.03000 – Computation of Six-Month Period
Statute of limitations begins to run on the date the employee, acting with reasonable diligence, knew or should have known that further assistance from the union was unlikely. Repeated refusals to process a grievance over a recurring issue do not start the limitations period anew. Union unequivocally stated, in April and May of 1997, that it would not pursue employee's grievance further. Charge filed in March of 1999 was therefore untimely.