Decision 1366S – State of California (Department of Corrections)

SF-CE-207-S

Decision Date: December 17, 1999

Decision Type: PERB Decision

Description: Employee appealed Board agent’s dismissal of unfair practice charge which alleged Department violated the Dills Act in retaliation for his protected conduct.

Disposition: Dismissed. Charge untimely filed

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Perc Vol: 24
Perc Index: 31028

Decision Headnotes

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

An unfair practice must be filed with PERB within six months of its occurrence. (Gov. Code, sec. 3514.5(a).) PERB has held that the six-month period commences once the charging party knows, or should have known, of the conduct underlying the charge; The charging party's lack of knowledge of PERB, the statutes enforced by PERB, or charging party's rights under those statutes does not excuse a late filing.