Decision 2015E – Compton Unified School District
Decision Date: April 1, 2009
Decision Type: PERB Decision
Description: The charge alleged the District refused to meet with charging parties and retaliated against them when it revised their seniority status.
Disposition: The Board affirmed the charge dismissal as untimely filed.
Perc Vol: 33
Perc Index: 66
1101.01000 – In General
Charge not timely because charging parties knew or should have known the district would no longer meet with them and had implemented a change to their seniority status at least two years before they filed the charge.
1101.04000 – Continuing Violation
Charge does not establish continuing violation. The fact that the district continued to maintain the position that the employees were exempt until they were reclassified, does not make the charge timely under a continuing violation theory.
1101.06000 – Statutory and Equitable Tolling
Assuming charging parties were in the bargaining unit, the statute of limitations was not tolled under either statutory or equitable tolling theories. Charging parties did not allege facts demonstrating they were covered by a negotiated grievance procedure that either ended in binding arbitration or constituted a non-binding dispute resolution procedure.