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Decision 1650E – Empire Union School District

SA-CE-2023-E

Decision Date: June 29, 2004

Decision Type: PERB Decision

Description:  Union alleged that district violated EERA by discriminating against three teachers for protected activities.  Board adopted proposed decision finding a violation.

Disposition:  Board found that district violated EERA.

View Full Text (PDF)

Perc Vol: 28
Perc Index: 188

Decision Headnotes

405.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES
405.01000 – In General

Employer’s reprimand of employee for taking workplace issues directly to her union unlawfully interfered with employee’s right to file grievances.

405.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES
405.02000 – Express or Implied Threats

Employer’s reprimand of employee for taking workplace issues directly to her union unlawfully interfered with employee’s right to file grievances.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.02000 – Grievances/Grievance Procedure

Employer’s reprimand of employee for taking workplace issues directly to her union unlawfully interfered with employee’s right to file grievances.

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

Charging party’s discovery of the legal significance of underlying conduct does not excuse an otherwise untimely filing. (UCLA Labor Relations Division (1989) PERB Decision No. 735-H; California State Employees' Association (Darzins) (1985) PERB Decision No. 546-S.) To the extent Peralta Community College District (1998) PERB Decision No. 1281 suggest otherwise, it is overruled.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

Charging party’s discovery of the legal significance of underlying conduct does not excuse an otherwise untimely filing. (UCLA Labor Relations Division (1989) PERB Decision No. 735-H; California State Employees' Association (Darzins) (1985) PERB Decision No. 546-S.) To the extent Peralta Community College District (1998) PERB Decision No. 1281 suggest otherwise, it is overruled.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.04000 – Continuing Violation

Charging party’s discovery of the legal significance of underlying conduct does not excuse an otherwise untimely filing. (UCLA Labor Relations Division (1989) PERB Decision No. 735-H; California State Employees' Association (Darzins) (1985) PERB Decision No. 546-S.) To the extent Peralta Community College District (1998) PERB Decision No. 1281 suggest otherwise, it is overruled.