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 * * *

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Perc Vol: 35
Perc Index: 24

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.01000 – In General

Merely holding the position of union president, without evidence that the employee actually engaged in specific protected acts, is insufficient to establish protected activity.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.13000 – Holding Union Office

Merely holding the position of union president, without evidence that the employee actually engaged in specific protected acts, is insufficient to establish protected activity.

1100.00000 – 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 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.

1100.00000 – 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 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.

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

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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.04000 – Continuing Violation

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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.06000 – Statutory and Equitable Tolling

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.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.01000 – Pre-Arbitration

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.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.03000 – Other

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.

1404.00000 – GENERAL LEGAL PRINCIPLES; CONTRACT ENFORCEMENT/ INTERPRETATION
1404.03000 – General Principles of Contract Interpretation

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.

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

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.