Decision 1397S – State of California (Department of General Services)
Decision Date: July 20, 2000
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge, which alleged that the employer violated the Dills Act when it discriminated against an employee because he filed a grievance, and when it bypassed the union to deal directly with the employee regarding withdrawal of the grievance.
Disposition: Dismissed. The charge failed to provide any facts which indicate when the alleged unfair practice occurred, thus it cannot be determined whether the charge is timely filed.
Perc Vol: 24
Perc Index: 31126
1101.01000 – In General
Government Code section 3514.5(a)(1) prohibits the Board from issuing a complaint in respect of any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge. Here the charge failed to provide any facts which indicated when the alleged unfair practices occurred. Since it could not be determined whether the unfair practices occurred within the statutory limitations period, the charge failed to state a prima facie case and was dismissed.