Decision 2166M – Housing Authority of the City of Los Angeles
LA-CE-572-M
Decision Date: February 25, 2011
Decision Type: PERB Decision
Perc Vol: 35
Perc Index: 49
Decision Headnotes
101.04000 – Statutues in Other Jurisdictions
PERB has previously found that it lacks jurisdiction over claims of violations of a variety of state and federal statutory schemes including the Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, Americans with Disabilities Act, Age Discrimination in Employment Act, worker’s compensation laws and whistleblower protection laws, as well as violations of both the United States and the California Constitutions.
408.01000 – In General
Charging party’s claim that his employer denied him access to union representation because the agency does not include temporary employees in the bargaining unit, does not state a prima facie case of interference.
408.05000 – Other Circumstances
Charging party’s claim that his employer denied him access to union representation because the agency does not include temporary employees in the bargaining unit, does not state a prima facie case of interference.
1101.01000 – In General
Charging party alleges that he was medically released to return to work in or around May 2006, but his employer did not allow him to do so. Accordingly, in or around May 2006, charging party knew or should have known that his employer was not allowing him to return to work. Since charging party did not file his charge until nearly three years later, the retaliation allegation is untimely filed.
1101.03000 – Computation of Six-Month Period
Charging party alleges that he was medically released to return to work in or around May 2006, but his employer did not allow him to do so. Accordingly, in or around May 2006, charging party knew or should have known that his employer was not allowing him to return to work. Since charging party did not file his charge until nearly three years later, the retaliation allegation is untimely filed.