Decision 1367H – Trustees of the California State University (Schmid).
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.
Perc Vol: 24
Perc Index: 31027
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.