Decision 1441E – United Teachers of Los Angeles (Hopper)

LA-CO-849

Decision Date: May 31, 2001

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 25
Perc Index: 32074

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

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