Decision 1372S – Union of American Physicians and Dentists (Schuman)

LA-CO-86-S

Decision Date: February 17, 2000

Decision Type: PERB Decision

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Perc Vol: 24
Perc Index: 31056

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.06000 – Other

Exclusive representative does not have any obligation to notify an employee that a noncontractual remedy exists, and cannot be liable for failing to inform Charging Party of PERB's jurisdiction prior to his filing claim in Small Claims court.

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

Charging Party alleged the UAPD unlawfully deducted union dues from March 1994 through June 1998. As this charge was filed in June 1999, more than a year after the last deduction, the charge was untimely under 3514.5(a)(1) and was dismissed.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.06000 – Statutory and Equitable Tolling

PERB does not recognizes the doctrine of "equitable tolling," under which a charging party will not be precluded from proceeding on an untimely charge if he or she has pursued an alternative legal remedy in good faith.