Decision 1475E – Long Beach Community College District
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.
Perc Vol: 26
Perc Index: 33042
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.
1107.17000 – 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.