Decision 1367H – Trustees of the California State University (Schmid).

SF-CE-540-H

Decision Date: December 17, 1999

Decision Type: PERB Decision

Description: Employee appealed Board agent’s dismissal of unfair practice charge which alleged Trustees violated HEERA in retaliation for employee’s protected activity.

Disposition: Dismissed. Charge untimely filed.

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Perc Vol: 24
Perc Index: 31027

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. 3563.2(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. Charging party's excuse for waiting seventeen years to file charge (lack of knowledge of PERB, the statutes enforced by PERB, or charging party's rights under those statutes) cannot cure a late filing.