Decision 1408S – California Association of Professional Scientists (Torba)
SA-CO-229-S
Decision Date: September 27, 2000
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge, which alleged a violation of the employee organization’s duty of fair representation.
Disposition: Dismissed. The statute of limitations begins to run on the date the charging party has actual or constructive notice of the respondent’s clear intent to engage in the prohibited conduct; late discovery of a contractual summary does not toll the statute.
Perc Vol: 24
Perc Index: 31162
Decision Headnotes
1101.03000 – Computation of Six-Month Period
The limitations period begins to run on the date the charging party has actual or constructive notice of the respondent's clear intent to engage in the prohibited conduct. Late discovery of a contractual summary did not toll the statute; pp. 1-2, dismissal letter, p. 1, warning letter.