Decision 2036M – City of Alhambra
LA-CE-262-M
Decision Date: June 9, 2009
Decision Type: PERB Decision
Description: Charging Party alleged that the City violated the MMBA by unilaterally changing its policy regarding firefighter duties and driver’s license requirements without giving the Association prior notice or opportunity to bargain.
Disposition: The Board upheld the Board agent’s dismissal. The Board found that equitable tolling principles did not apply to participation in non-contractual disciplinary proceedings under Skelly v. State Personnel Board (1975) 15 Cal.3d 194, which are not bilaterally agreed upon dispute resolution procedures. The Board did not award attorney’s fees finding that the Union’s pursuit of an untimely unfair practice charge was without arguable merit and not in bad faith.
Perc Vol: 33
Perc Index: 103
Decision Headnotes
1101.01000 – In General
Equitable tolling does not apply to participation in non-contractual disciplinary appeals, such as Skelly hearings, which are not bilaterally agreed upon dispute resolution procedures.
1101.03000 – Computation of Six-Month Period
While an employer’s official notice to the union is a factor in determining whether the employer made an unlawful unilateral change, such notice is not required in determining whether the charge was filed within the statute of limitations; rather the question is whether the union had or should have had knowledge. Union had knowledge of handbook provisions and memoranda reflecting City’s long-established policies and practices regarding firefighter duties and driver’s license requirements for many years prior to filing charge. Equitable tolling does not apply to participation in non-contractual disciplinary appeals, such as Skelly hearings, which are not bilaterally agreed upon dispute resolution procedures.
1101.06000 – Statutory and Equitable Tolling
Equitable tolling does not apply to participation in non-contractual disciplinary appeals, such as Skelly hearings, which are not bilaterally agreed upon dispute resolution procedures.
1205.01000 – In General
PERB will award attorney fees only if the charge is without arguable merit and pursued in bad faith. For purposes of this test, the term “bad faith” includes conduct that is dilatory, vexatious or otherwise an abuse of process. The Board did not award attorney fees because the record lacked evidence that the Union pursued the unfair practice in bad faith.
1205.04000 – Attorneys Fees and Costs
PERB will award attorney fees only if the charge is without arguable merit and pursued in bad faith. For purposes of this test, the term “bad faith” includes conduct that is dilatory, vexatious or otherwise an abuse of process. The Board did not award attorney fees because the record lacked evidence that the Union pursued the unfair practice in bad faith.