Decision 1692E – Salinas Union High School District

SF-CE-2326-E

Decision Date: September 17, 2004

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 256

Decision Headnotes

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

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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

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