Decision 1559S – State of California (Department of Corrections)
Decision Date: November 21, 2003
Decision Type: PERB Decision
Perc Vol: 28
Perc Index: 15
1100.03000 – Standing
Employee does not have standing to file a request for information case because duty to provide information extenst to the exclusive representative and not to an individual employee.
1101.03000 – Computation of Six-Month Period
Charge is untimely where charging party filed a grievance and received a response in December 2000. Union refuseed to arbitrate in February 2001 and charge is filed in December 2002.
1101.04000 – Continuing Violation
PERB has recognized that for a continuing violation, new conduct independent of the original conduct must occur during the limitations period. An employee cannot show a continuing violation unless the nature of the responding party's conduct has changed. An employee's request for information regarding a grievance does not constitute a continuing violation.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Good cause is not demonstrated by a charging party who fails to file an amended charge and fails to request an extension and then asks that the appeal compromise his amended charge.