Decision 2133E – United Faculty of Grossmont-Cuyamaca Community College District (Tarvin)

LA-CO-1361-E

Decision Date: September 21, 2010

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 140

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

The duty of fair representation is limited to contractually-based remedies under the union’s exclusive control and does not extend to extra-contractual proceedings before agencies such as the Department of Fair Employment and Housing or the State Personnel Board.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.06000 – Other

The duty of fair representation is limited to contractually-based remedies under the union’s exclusive control and does not extend to extra-contractual proceedings before agencies such as the Department of Fair Employment and Housing or the State Personnel Board.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

PERB Regulation 32615(a)(5) requires, among other things, that an unfair practice charge include a clear and concise statement of the facts and conduct alleged to constitute an unfair practice. This burden requires a charging party to allege the who, what, when, where and how of an unfair practice.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

Pursuant to PERB Regulation 32635(b) a charging party may not present on appeal new charge allegations or new supporting evidence absent a showing of good cause. The Board has found that good cause does not exist to consider new allegations on appeal when the evidence underlying the allegations was available to the charging party prior to the dismissal of the charge and the appeal fails to explain why the allegations could not have been made to the Board agent during the investigation.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.08000 – Pleading Requirements

PERB Regulation 32615(a)(5) requires, among other things, that an unfair practice charge include a clear and concise statement of the facts and conduct alleged to constitute an unfair practice. This burden requires a charging party to allege the who, what, when, where and how of an unfair practice.

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

EERA section 3541.5(a)(1) prohibits PERB 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 cases alleging a breach of the duty of fair representation, the six month statutory limitations period begins to run on the date when the charging party, in the exercise of reasonable diligence, knew or should have known that further assistance from the union was unlikely.

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

EERA section 3541.5(a)(1) prohibits PERB 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 cases alleging a breach of the duty of fair representation, the six month statutory limitations period begins to run on the date when the charging party, in the exercise of reasonable diligence, knew or should have known that further assistance from the union was unlikely.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

A late filing will not be excused because charging party is not an attorney and is unfamiliar with PERB policy.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.01000 – In General

PERB Regulation 32635(b) prohibits a charging party from presenting new charge allegations or new supporting evidence on appeal absent a showing of good cause. The Board has found that good cause does not exist to consider new allegations on appeal when the evidence underlying the allegations was available to the charging party prior to the dismissal of the charge and the appeal fails to explain why the allegations could not have been made to the Board agent during the investigation.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

PERB Regulation 32635(b) prohibits a charging party from presenting new charge allegations or new supporting evidence on appeal absent a showing of good cause. The Board has found that good cause does not exist to consider new allegations on appeal when the evidence underlying the allegations was available to the charging party prior to the dismissal of the charge and the appeal fails to explain why the allegations could not have been made to the Board agent during the investigation. PERB Regulation 32615(a)(5) requires, among other things, that an unfair practice charge include a clear and concise statement of the facts and conduct alleged to constitute an unfair practice. This burden requires a charging party to allege the who, what, when, where and how of an unfair practice.