Decision 2035M – Solano County Fair Association

SF-CE-454-M

Decision Date: June 9, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 102

Decision Headnotes

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.07000 – Discharge; Layoffs; Constructive Discharge; Rejection During Probation

In a charge alleging wrongful termination based on retaliation for protected activity under the MMBA, the six month statute of limitations period does not begin to run until the date of actual termination.

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

In a charge alleging wrongful termination based on retaliation for protected activity under the MMBA, the six month statute of limitations period does not begin to run until the date of actual termination.

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

The doctrine of equitable tolling as set forth in Long Beach Community College District (2009) PERB Decision No. 2002 applies to cases filed under the MMBA. Pursuant to Long Beach, the six-month limitation period for filing a charge with PERB should only be extended equitably when a party utilizes a bilaterally agreed upon dispute resolution procedure. Equitable tolling did not apply to extend the limitations period for filing an unfair practice charge with PERB under the MMBA where charging party failed to allege facts showing that his grievance was being pursued under a bilaterally agreed upon dispute resolution procedure, and instead alleged that the parties had no such dispute resolution procedure.

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

PERB Regulation 32635(b) prohibits a party from presenting new supporting evidence in an appeal before PERB, unless good cause is shown.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

PERB Regulation 32635(b) prohibits a party from presenting new supporting evidence in an appeal before PERB, unless good cause is shown.