Decision 2037M – City of Alhambra
LA-CE-272M
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 the location of personnel records without giving the Association prior notice or opportunity to bargain.
Disposition: The Board adopted the ALJ’s proposed decision dismissing the unfair practice charge because the charge was not timely filed. Further, the Board ordered Charging Party to pay reasonable attorneys’ fees and costs to the City.
Perc Vol: 33
Perc Index: 101
Decision Headnotes
1101.01000 – In General
Unilateral change charge was untimely filed, where the Union knew or should have known of the employer’s policy regarding the location of personnel files long before the six-month statutory limitations period under the MMBA.
1101.03000 – Computation of Six-Month Period
Unilateral change charge was untimely filed, where the Union knew or should have known of the employer’s policy regarding the location of personnel files long before the six-month statutory limitations period under the MMBA.
1205.01000 – In General
PERB will award attorney fees only if the charge is without arguable merit and pursued in bad faith. Attorney fees are awarded in case where the Union’s witness lied under oath regarding his knowledge of the employer’s policies in order that the charge may survive a timeliness challenge, thereby establishing bad faith in pursuing untimely unfair practice charge alleging unlawful unilateral change.
1205.04000 – Attorneys Fees and Costs
PERB will award attorney fees only if the charge is without arguable merit and pursued in bad faith. Attorney fees were awarded because the Union’s witness lied under oath regarding his knowledge of the employer’s policies in order that the charge may survive a timeliness challenge, thereby establishing bad faith in pursuing untimely unfair practice charge alleging unlawful unilateral change.