Decision 2132M – County of Riverside

In a unilateral change case, the six-month statute of limitations begins to run when the charging party knows, or should have known, of the respondent’s intent to implement a change in policy. Union’s charge alleging unilateral change in employer’s overtime compensation policy was untimely because nine months before the union filed the charge, it executed a side letter that exempted certain classifications from the pending overtime changes.

The Board treated a party’s attachment of exhibits not introduced at hearing to its exceptions as a request to reopen the record. The request did not satisfy the standard in PERB Regulation 32410(a) because it was not supported by a sworn declaration and, based on their dates, the documents were clearly in the party’s possession at the time of the hearing.

Charge alleging unilateral change in overtime compensation policy was not moot even though the parties reached agreement on the subject of overtime compensation in a subsequent collective bargaining agreement. The agreement did not resolve whether the employer made an unlawful unilateral change nor did it waive the union’s right to pursue the charge. Even if the agreement resolved the issue prospectively, PERB could order a remedy for the 13 month period between the change and the effective date of the agreement.