Decision 2037M – City of Alhambra

LA-CE-272M

Decision Date: June 9, 2009

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 33
Perc Index: 101

Decision Headnotes

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

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

1205.00000 – 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. 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.

1205.00000 – 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. 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.