Decision 2015E – Compton Unified School District

LA-CE-4900-E

Decision Date: April 1, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 66

Decision Headnotes

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

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING 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.

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