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.

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Perc Vol: 25
Perc Index: 32043

Decision Headnotes

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.