Decision 1424E – Oxnard Educators Association (Gibbons)
LA-CO-834
Decision Date: March 1, 2001
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge. The charge alleged the employee organization breached the duty of fair representation by refusing to arbitrate legitimate grievances and disregarding and refusing to enforce specific contract provisions.
Disposition: Dismissed. The charging party failed to prove that he could not have reasonably discovered the alleged unfair practice until six months before the charge was filed.
Perc Vol: 25
Perc Index: 32043
Decision Headnotes
1101.01000 – In General
Charging Party failed to prove that even with the exercise of reasonable diligence, he could not have reasonably discovered the alleged unfair practice until six months before the charge was filed. Charging Party took no action to further pursue his challenge against District for reassigning and transferring him and no action to further investigate or pursue his claim against OEA for its alleged failure to represent him for over 16 months.
1101.03000 – Computation of Six-Month Period
Charging Party failed to prove that even with the exercise of reasonable diligence, he could not have reasonably discovered the alleged unfair practice until six months before the charge was filed. Charging Party took no action to further pursue his challenge against District for reassigning and transferring him and no action to further investigate or pursue his claim against OEA for its alleged failure to represent him for over 16 months.