Decision 1835S – State of California (Department Of Transportation)

SA-CE-1522-S

Decision Date: April 10, 2006

Decision Type: PERB Decision

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Perc Vol: 30
Perc Index: 108

Decision Headnotes

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.01000 – In General

An individual who filed a charge alleging unfair practices which occurred nearly two years after his State employment was terminated is not a “State employee” under Dills Act section 3513(c) and, therefore lacks standing to invoke the protections of the Dills Act.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

An individual who filed a charge nearly alleging unfair practices which occurred nearly two years after his State employment was terminated is not a “State employee” under Dills Act section 3513(c) and, therefore lacks standing to invoke the protections of the Dills Act.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.08000 – Pleading Requirements

PERB Regulation 32615(a)(5) requires an unfair practice charge to contain a clear and concise statement of the conduct alleged to constitute an unfair practice, including the “who, what, when, where and how” of an unfair practice.

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

The statute of limitations begins to run when the charging party knew or should have known of the conduct underlying the charge. Charging party filed charge nearly two years after his employment was terminated.

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

The limitations period begins to run once the charging party knows, or should have known, of the conduct underlying the charge. Charging party filed charge nearly two years after his employment was terminated.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

PERB Regulation 32615(a)(5) requires an unfair practice charge to contain a clear and concise statement of the conduct allege to constitute an unfair practice, including the “who, what, when, where and how” of an unfair practice.