Decision 2159E – Charter Oak Unified School District
LA-CE-5251-E
Decision Date: January 27, 2011
Decision Type: PERB Decision
Description: The charge alleged that the Charter Oak Unified School District violated EERA by forcing charging party into retirement in retaliation for protected activity.
Disposition: The Board upheld the dismissal of the charge on the ground that it was untimely filed and failed to state a prima facie violation of EERA.
Perc Vol: 35
Perc Index: 32
Decision Headnotes
1101.01000 – In General
The statute of limitations begins to run when a charging party discovers the conduct that constitutes the alleged unfair practice, not when a charging party discovers the legal significance of that conduct. Therefore, allegation that charging party received information confirming her suspicions about the employer’s motivation did not render charge timely filed. Similarly, charging party’s lack of knowledge about PERB and the laws it enforces does not toll the six-months limitations period.
1101.03000 – Computation of Six-Month Period
The statute of limitations begins to run when a charging party discovers the conduct that constitutes the alleged unfair practice, not when a charging party discovers the legal significance of that conduct. Therefore, allegation that charging party received information confirming her suspicions about the employer’s motivation did not render charge timely filed. Similarly, charging party’s lack of knowledge about PERB and the laws it enforces does not toll the six-months limitations period.
1101.06000 – Statutory and Equitable Tolling
The statute of limitations begins to run when a charging party discovers the conduct that constitutes the alleged unfair practice, not when a charging party discovers the legal significance of that conduct. Therefore, allegation that charging party received information confirming her suspicions about the employer’s motivation did not render charge timely filed. Similarly, charging party’s lack of knowledge about PERB and the laws it enforces does not toll the six-months limitations period.