Decision 2155M – County of Orange * * * OVERRULED IN PART by Santa Clara Valley Water District (2013) Decision No. 2349- M
LA-CE-529-M
Decision Date: January 18, 2011
Decision Type: PERB Decision
* * * OVERRULED IN PART by Santa Clara Valley Water District (2013) PERB Decision No. 2349- M * * *
Description: The Board affirmed the dismissal of an unfair practice charge in which the charging party alleged the County violated the MMBA when it denied him the opportunity to participate in an arbitration.
Disposition: The Board held that since the charging party did not have a right to arbitration, the County’s denial of arbitration did not constitute unlawful interference. In addition, the Board held the charging party failed to plead sufficient facts to establish unlawful retaliation. Last, the Board held the charging party’s employment termination claim was not timely filed.
Perc Vol: 35
Perc Index: 24
Decision Headnotes
300.01000 – In General
* * * OVERRULED IN PART by Santa Clara Valley Water District (2013) PERB Decision No. 2349-M, where the Board held that an employee’s status as a union official is enough by itself to constitute protected activity. * * *
Merely holding the position of union president, without evidence that the employee actually engaged in specific protected acts, is insufficient to establish protected activity.
300.13000 – Holding Union Office
* * * OVERRULED IN PART by Santa Clara Valley Water District (2013) PERB Decision No. 2349-M, where the Board held that an employee’s status as a union official is enough by itself to constitute protected activity. * * *
Merely holding the position of union president, without evidence that the employee actually engaged in specific protected acts, is insufficient to establish protected activity.
1100.01000 – In General/Prima Facie Case
* * * OVERRULED IN PART by Santa Clara Valley Water District (2013) PERB Decision No. 2349-M, where the Board held that an employee’s status as a union official is enough by itself to constitute protected activity. * * *
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 includes alleging the who, what, when, where and how of an unfair practice. Thus, a charging party’s bare assertion that he was a union president without specific references to lawful actions he took in office is insufficient to establish he engaged in protected activity.
1100.08000 – Pleading Requirements
* * * OVERRULED IN PART by Santa Clara Valley Water District (2013) PERB Decision No. 2349-M, where the Board held that an employee’s status as a union official is enough by itself to constitute protected activity. * * *
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 includes alleging the who, what, when, where and how of an unfair practice. Thus, a charging party’s bare assertion that he was a union president without specific references to lawful actions he took in office is insufficient to establish he engaged in protected activity.
1101.03000 – Computation of Six-Month Period
* * * OVERRULED IN PART ON OTHER GROUNDS by Santa Clara Valley Water District (2013) PERB Decision No. 2349-M. * * *
Under the equitable tolling doctrine, the statute of limitations will be tolled if: (1) 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.
1101.04000 – Continuing Violation
* * * OVERRULED IN PART ON OTHER GROUNDS by Santa Clara Valley Water District (2013) PERB Decision No. 2349-M. * * *
Under continuing violation doctrine, a violation within the statute of limitations period may ‘revive’ an earlier violation of the same type that occurred outside of the limitations period. The violation within the statute of limitations period, however, must constitute an independent violation without reference to the earlier violations.
1101.06000 – Statutory and Equitable Tolling
* * * OVERRULED IN PART ON OTHER GROUNDS by Santa Clara Valley Water District (2013) PERB Decision No. 2349-M. * * *
Under the equitable tolling doctrine, the statute of limitations will be tolled if: (1) 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.
1102.01000 – Pre-Arbitration
* * * OVERRULED IN PART ON OTHER GROUNDS by Santa Clara Valley Water District (2013) PERB Decision No. 2349- M. * * *
An arbitration clause in a grievance process does not continue in effect after the expiration of the contract except for disputes that: (1) involve facts and occurrences that arose before expiration; (2) involve post-expiration conduct that infringes on rights accrued or vested under the agreement; or (3) under normal principles of contract interpretation, survive the expiration of the agreement.
1102.03000 – Other
* * * OVERRULED IN PART ON OTHER GROUNDS by Santa Clara Valley Water District (2013) PERB Decision No. 2349- M. * * *
An arbitration clause in a grievance process does not continue in effect after the expiration of the contract except for disputes that: (1) involve facts and occurrences that arose before expiration; (2) involve post-expiration conduct that infringes on rights accrued or vested under the agreement; or (3) under normal principles of contract interpretation, survive the expiration of the agreement.
1404.03000 – General Principles of Contract Interpretation
* * * OVERRULED IN PART ON OTHER GROUNDS by Santa Clara Valley Water District (2013) PERB Decision No. 2349-M. * * *
An arbitration clause in a grievance process does not continue in effect after the expiration of the contract except for disputes that: (1) involve facts and occurrences that arose before expiration; (2) involve post-expiration conduct that infringes on rights accrued or vested under the agreement; or (3) under normal principles of contract interpretation, survive the expiration of the agreement.
1503.02000 – Regulations Considered (By Number)
* * * OVERRULED IN PART by Santa Clara Valley Water District (2013) PERB Decision No. 2349- M, where the Board held that an employee’s status as a union official is enough by itself to constitute protected activity. * * *
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 includes alleging the who, what, when, where and how of an unfair practice. Thus, a charging party’s bare assertion that he was a union president without specific references to lawful actions he took in office is insufficient to establish he engaged in protected activity.