Decision 1923S – State of California (Department of Corrections and Rehabilitation)

LA-CE-634-S

Decision Date: September 27, 2007

Decision Type: PERB Decision

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Perc Vol: 31
Perc Index: 149

Decision Headnotes

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

The statute of limitations is six months under the Dills Act. The statute of limitations, however, pursuant to Government Code section 3514.5(a), is tolled during the time it takes the charging party to exhaust the grievance machinery.

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

The statute of limitations is six months under the Dills Act. The statute of limitations, however, pursuant to Government Code section 3514.5(a), is tolled during the time it takes the charging party to exhaust the grievance machinery.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.06000 – Statutory and Equitable Tolling

The statute of limitations is six months under the Dills Act. The statute of limitations, however, pursuant to Government Code section 3514.5(a), is tolled during the time it takes the charging party to exhaust the grievance machinery.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.01000 – In General

PERB Regulation 32635 precludes a charging party from raising new allegations or new supporting evidence on appeal without good cause. Charging party failed to demonstrate good cause.