Decision 2166M – Housing Authority of the City of Los Angeles

LA-CE-572-M

Decision Date: February 25, 2011

Decision Type: PERB Decision

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Perc Vol: 35
Perc Index: 49

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
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.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
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.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.