Decision 1441E – United Teachers of Los Angeles (Hopper)
LA-CO-849
Decision Date: May 31, 2001
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge, which alleged that the union violated the EERA by failing to provide notice to new employees of their right not to join the union.
Disposition: Dismissed. The charging party lacks standing to challenge the union’s alleged failure to provide notice of certain rights.
Perc Vol: 25
Perc Index: 32074
Decision Headnotes
1100.03000 – Standing
Charging party was not a member of the class which she claims was harmed. Charging party suffered no harm in this case, nor does she have any potential for harm. She therefore has no standing to challenge union's alleged failure to provide notice of certain rights.
1101.03000 – Computation of Six-Month Period
Discovery of the legal significance of conduct of which a party has knowledge does not constitute belated discovery for purposes of EERA's statute of limitations. Charging party offered nothing to explain why it took her some eleven years (date when she had been a new teacher) to file the unfair practice charge, other than that she learned of the legal and constitutional issues regarding the alleged unfair labor practice in May of 2000. Such a claim does not save the charge.