Decision 2042M – County of San Diego (Health and Human Services)
LA-CE-314-M
Decision Date: June 29, 2009
Decision Type: PERB Decision
Description: The Board affirmed the dismissal of an unfair practice charge in which the Charging Party alleged the employer violated the MMBA by discriminating against him for engaging in protected conduct.
Disposition: The Board held the unfair practice charge was properly dismissed as untimely and adopted the proposed decision by the administrative law judge as a decision of the Board itself.
Perc Vol: 33
Perc Index: 121
Decision Headnotes
1101.01000 – In General
PERB is prohibited from issuing a complaint with respect to any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge. In retaliation cases, the statute of limitations begins to run when the charging party discovers the conduct that constitutes the unfair practice, not when the charging party discovers the legal significance of that conduct.
1101.03000 – Computation of Six-Month Period
PERB is prohibited from issuing a complaint with respect to any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge. In retaliation cases, the statute of limitations begins to run when the charging party discovers the conduct that constitutes the unfair practice, not when the charging party discovers the legal significance of that conduct.