Decision 1389E – Santa Monica-Malibu Unified School District (Bradley)
LA-CE-4152
Decision Date: May 31, 2000
Decision Type: PERB Decision
Description: Employee appealed Board agent’s dismissal of unfair practice charge which alleged that District had violated EERA by changing employee’s classification and reducing his salary In retaliation for his protected activity.
Disposition: Dismissed. Charge untimely flied.
Perc Vol: 24
Perc Index: 31108
Decision Headnotes
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. Although charging party was arguably entitled to tolling under Government Code section 3541.5(a)(2), during which limitations period is tolled during time it took charging party to exhaust any contractual grievance machinery, grievance was terminated in January 1996 when charging party and his exclusive representative failed to pursue the grievance to binding arbitration and hence the charge, even with tolling, is untimely filed. Tolling is not appropriate unless the issue in the unfair practice charge was also raised in the grievance.