Decision 1630M – County of Placer

SA-CE-78-M

Decision Date: May 18, 2004

Decision Type: PERB Decision

Description: County employees filed charge alleging unfair practice. County Civil Service Commission Rule required filing within 60 days of alleged violation. Union appealed ALJ dismissal.

Disposition: Charge dismissed. Board found charge untimely. No violation of MMBA because original complaint filed with county was untimely.

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Perc Vol: 28
Perc Index: 152

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.05000 – Impact and Extent

Standard for past practice: it must be unequivocal, clearly enunciated and acted upon, readily ascertainable over a reasonable period of time as a fixed and established practice.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.06000 – Change in Past Practice

Standard for past practice: it must be unequivocal, clearly enunciated and acted upon, readily ascertainable over a reasonable period of time as a fixed and established practice.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.05000 – Past Practice; Maintenance of Status Quo

Standard for past practice: it must be unequivocal, clearly enunciated and acted upon, readily ascertainable over a reasonable period of time as a fixed and established practice.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

Union appealed to the County Civil Service Commission the denial of the processing of a grievance more than 60 days after the alleged violation. An unfair practice charge was filed by the Union. Board dismissed charge found no violation of MMBA because the original complaint filed with the county was untimely.