Decision 1358E – Los Angeles County Education Assn, CTA/NEA (Burton)

LA-CO-793

Decision Date: October 27, 1999

Decision Type: PERB Decision

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Perc Vol: 24
Perc Index: 31002

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.