Decision 2016E – Compton Unified School District

LA-CE-5047-E

Decision Date: April 1, 2009

Decision Type: PERB Decision

Description:  The charge alleged the District retaliated against Charging Party when it revised his seniority status.

Disposition:  The Board affirmed the charge dismissal as untimely filed.

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Perc Vol: 33
Perc Index: 67

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.04000 – Statutues in Other Jurisdictions

PERB is without jurisdiction to remedy disputes regarding actions by personnel commissions.

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

The issue of improperly adjusting charging party's seniority ranking has been known to charging party since at least 2003. The corrected copy of the exam results received in August 2006, containing the adjusted seniority ranking, reflected the District's prior action to change the seniority ranking and therefore any allegation related to this conduct is untimely. The six-month statutory limitations period commences on the date that conduct constituting an unfair practice is discovered, rather than the date of the discovery of the legal significance of the conduct.