Decision 1462E – Peralta Community College District
Decision Date: September 20, 2001
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge, which alleged that the employer discriminated against an employee in violation of section 3543.5(a) of the EERA by issuing him negative evaluations, by terminating his employment, and by refusing to hire him for a new position.
Disposition: Dismissed. A portion of the charge was untimely; a portion was dismissed and deferred to arbitration; and a portion was dismissed for failure to state a prima facie case.
Perc Vol: 26
Perc Index: 33000
504.04000 – Timing of Action
Charging party failed to state a prima facie case of a discrimination violation based on employer's refusal to hire him into a new position because charge only contained allegation of a single indicator of unlawful motive [proximity in time]; a single factor does not, without more, demonstrate the necessary connection or "nexus" between the adverse action and the protected conduct.
1101.06000 – Statutory and Equitable Tolling
Where charging party filed grievance which made reference to wrong section of collective bargaining agreement, statute of limitations period was not tolled while charging party utilized grievance procedure because employer was not put on notice of complained of conduct.
1102.01000 – Pre-Arbitration
Allegation that employer terminated employment subject to deferral because termination is arguably prohibited by the applicable collective bargaining agreement.