Decision 1366S – State of California (Department of Corrections)
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
Perc Vol: 24
Perc Index: 31028
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.