Decision 1559S – State of California (Department of Corrections)

SA-CE-1384-S

Decision Date: November 21, 2003

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 15

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.