Decision 2036M – City of Alhambra

LA-CE-262-M

Decision Date: June 9, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 103

Decision Headnotes

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

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

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

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
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.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
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.