Decision 2063E – Los Banos Unified School District

SA-CE-2508-E

Decision Date: September 25, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 161

Decision Headnotes


504.14000 – Other/In General

Charging party failed to establish a causal connection between the grievances and complaints he filed and the school district’s decision to terminate him. Accordingly, the charge fails to state a prima facie case that the District dismissed charging party in retaliation for having engaged in protected activity.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

In cases involving allegations that an employee was terminated from employment in retaliation for having engaged in protected activities, the statute of limitations begins to run on the date of actual termination, rather than the date of notification of the intent to terminate.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

In cases involving allegations that an employee was terminated from employment in retaliation for having engaged in protected activities, the statute of limitations begins to run on the date of actual termination, rather than the date of notification of the intent to terminate. Charge alleging that a school district engaged in retaliation by issuing a “statement of charges” suspending an employee without pay and dismissing him at the expiration of thirty days unless he requested a hearing was untimely as to the suspension, since it was filed more than six months after the suspension became effective. However, the charge was timely as to the dismissal, where the employee exercised his right to a hearing before the Commission on Professional Competence and the dismissal did not become effective until the Commission issued its decision dismissing the employee from employment, which was within the six-month limitations period.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.01000 – In General

Charging party failed to establish good cause for considering new evidence on appeal, where it was clear that charging party was aware of the newly provided information prior to filing the charge.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.19000 – Newly Discovered Evidence

Charging party failed to establish good cause for considering new evidence on appeal, where it was clear that charging party was aware of the newly provided information prior to filing the charge.