Decision 1531M – City of Folsom
SA-CE-33-M
Decision Date: June 20, 2003
Decision Type: PERB Decision
Perc Vol: 27
Perc Index: 89
Decision Headnotes
1100.03000 – Standing
A violation of MMBA section 3505 by the City for refusing a request by the union representative to schedule a meeting to resolve the dispute and refusing a request by the union representative to submit the dispute to an arbitrator is only actionable by the union.
1101.01000 – In General
Because the employee resigned (per the agreement) knowing that the City had not fulfilled its obligations under the agreement, the employee was aware on the date of resignation of the alleged infraction as of that date and the limitations period started to run. Subsequent failures by the City to honor the employee’s multiple requests to cure its violation do not restart the limitations period.
1101.03000 – Computation of Six-Month Period
Because the employee resigned (per the agreement) knowing that the City had not fulfilled its obligations under the agreement, the employee was aware on the date of resignation of the alleged infraction as of that date and the limitations period started to run. Subsequent failures by the City to honor the employee’s multiple requests to cure its violation do not restart the limitations period.
1101.04000 – Continuing Violation
Because the employee resigned (per the agreement) knowing that the City had not fulfilled its obligations under the agreement, the employee was aware on the date of resignation of the alleged infraction as of that date and the limitations period started to run. Subsequent failures by the City to honor the employee’s multiple requests to cure its violation do not restart the limitations period.