Decision 1965E – Oakland Unified School District
Decision Date: June 26, 2008
Decision Type: PERB Decision
Perc Vol: 32
Perc Index: 107
504.03000 – Departure from Past Practices or Procedures
The employer's failure to follow established procedures in charging party's dismissal are numerous. The District sent two identical letters a month apart offering charging party the opportunity for a hearing. The employer contends it scheduled a hearing but did not notify charging party of the date of the hearing. The employer allegedly held the hearing but cannot identify exactly when it was held and the parties agree that charging party was not present. There are no written conclusions or findings that resulted from the hearing. Finally, there is no final notice of termination.
1101.01000 – In General
With allegations of termination of employment, it is the effective date of termination that triggers the running of the statute of limitations.