Decision 1475E – Long Beach Community College District

LA-CE-4334-E

Decision Date: February 15, 2002

Decision Type: PERB Decision

Description: The Board dismissed the unfair practice charge, in which the employee and employee organization alleged that the employer violated the EERA by refusing to arbitrate the employee’s grievance.

Disposition: Dismissed. As the timeliness of the charge is not established, the Board’s inquiry into whether the charge states a prima facie case ends.

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Perc Vol: 26
Perc Index: 33042

Decision Headnotes

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

Under EERA section 3541.5(a)(1) employee and successor union had six months from the date it was aware of the community college district’s alleged changes in policy regarding arbitration to file an unfair practice charge.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.17000 – Advisory Opinions

When the timeliness of a charge is not established, the Board’s inquiry into whether the charge states a prima facie case ends; therefore the Board declines to determine whether untimely allegations constitute a violation of EERA.