Decision 1692E – Salinas Union High School District
SF-CE-2326-E
Decision Date: September 17, 2004
Decision Type: PERB Decision
Description: Montoya and Local 1020 filed its charge on March 26, 2003, however, they knew of the district’s final decision on her grievance, at issue in the charge, no later than July 2002.
Disposition: The Board dismissed the charge as untimely.
Perc Vol: 28
Perc Index: 256
Decision Headnotes
1101.01000 – In General
The facts show that Montoya and the Federation knew of the District’s final decision on her grievance no later than July 2002 but the charge was not filed until March 26, 2003. Therefore, the filing of the charge exceeded the six-month limitation period under EERA and the charge was dismissed on that basis.
1101.03000 – Computation of Six-Month Period
The facts show that Montoya and the Federation knew of the District’s final decision on her grievance no later than July 2002 but the charge was not filed until March 26, 2003. Therefore, the filing of the charge exceeded the six-month limitation period under EERA and the charge was dismissed on that basis
1101.06000 – Statutory and Equitable Tolling
The facts show that Montoya and the Federation knew of the District’s final decision on her grievance no later than July 2002 but the charge was not filed until March 26, 2003. Therefore, the filing of the charge exceeded the six-month limitation period under EERA and the charge was dismissed on that basis.