Decision 2059E – Los Angeles Community College District
LA-CE-4883-E
Decision Date: September 8, 2009
Decision Type: PERB Decision
Description: The Board affirmed the dismissal of an unfair practice charge in which the charging party alleged the District engaged in unlawful retaliation.
Disposition: The Board held the charge was not timely filed.
Perc Vol: 33
Perc Index: 149
Decision Headnotes
1101.06000 – Statutory and Equitable Tolling
The statute of limitations under EERA may be tolled during the period of time the parties are utilizing a non-binding dispute resolution procedure if: (l) the procedure is contained in a written agreement negotiated by the parties; (2) the procedure is being used to resolve the same dispute that is the subject of the unfair practice charge; (3) the charging party reasonably and in good faith pursues the procedure; and (4) tolling does not frustrate the purpose of the statutory limitation period by causing surprise or prejudice to the respondent. This tolling mechanism, sometimes referred to as equitable tolling, does not apply when the parties’ grievance procedure ends in binding arbitration and the statutory tolling provisions set forth in EERA section 3541.5(a)(2) apply.
1107.11000 – Request for Oral Argument
The Board will deny a request for oral argument when an adequate record has been prepared, the parties had ample opportunity to present briefs and have availed themselves of that opportunity, and the issues before the Board are sufficiently clear to make oral argument unnecessary.
1100.08000 – Pleading Requirements
The timeliness of a charge is an element of the charging party’s prima facie case and, thus, the burden of proof to show that the charge was timely filed is on the charging party.
1101.01000 – In General
The timeliness of a charge is an element of the charging party’s prima facie case and, thus, the burden of proof to show that the charge was timely filed is on the charging party. The statute of limitations under EERA may be tolled during the period of time the parties are utilizing a non-binding dispute resolution procedure if: (l) the procedure is contained in a written agreement negotiated by the parties; (2) the procedure is being used to resolve the same dispute that is the subject of the unfair practice charge; (3) the charging party reasonably and in good faith pursues the procedure; and (4) tolling does not frustrate the purpose of the statutory limitation period by causing surprise or prejudice to the respondent. This tolling mechanism, sometimes referred to as equitable tolling, does not apply when the parties’ grievance procedure ends in binding arbitration and the statutory tolling provisions set forth in EERA section 3541.5(a)(2) apply.
1101.03000 – Computation of Six-Month Period
The statute of limitations under EERA may be tolled during the period of time the parties are utilizing a non-binding dispute resolution procedure if: (l) the procedure is contained in a written agreement negotiated by the parties; (2) the procedure is being used to resolve the same dispute that is the subject of the unfair practice charge; (3) the charging party reasonably and in good faith pursues the procedure; and (4) tolling does not frustrate the purpose of the statutory limitation period by causing surprise or prejudice to the respondent. This tolling mechanism, sometimes referred to as equitable tolling, does not apply when the parties’ grievance procedure ends in binding arbitration and the statutory tolling provisions set forth in EERA section 3541.5(a)(2) apply.