Decision 2176M – County of Riverside * * * OVERRULED IN PART by County of San Diego (2020) PERB Decision No. 2721-M
LA-CE-469-M
Decision Date: March 29, 2011
Decision Type: PERB Decision
* * *OVERRULED IN PART by County of San Diego (2020) PERB Decision No. 2721-M * * *
Description: The complaint alleged that the County unlawfully refused to register CIR/SEIU as an employee organization under the County’s local rules.
Disposition: The Board reversed the ALJ’s proposed decision and dismissed the charge as untimely because CIR/SEIU knew more than six months before the charge was filed that the County had refused to register it. No continuing violation found because the employer merely reiterated its position on later occasions.
Perc Vol: 35
Perc Index: 69
Decision Headnotes
1100.01000 – In General/Prima Facie Case
***OVERRULED IN PART by County of San Diego (2020) PERB Decision No. 2721-M, where the Board held that the continuing violation doctrine and new wrongful act doctrine are separate statute of limitations exceptions and must be analyzed separately.***
Charge untimely because employee organization learned more than six months before the charge was filed that the employer had refused to register it under the employer’s local rules. The continuing violation doctrine did not apply because the employer’s refusals to register the employee organization within the limitations period were merely reiterations of the same position. The statute of limitations was not equitably tolled while the employee organization pursued an action against the employer in superior court because that forum was not one agreed upon by the parties for resolution of disputes between them.
1101.04000 – Continuing Violation
***OVERRULED IN PART by County of San Diego (2020) PERB Decision No. 2721-M, where the Board held that the continuing violation doctrine and new wrongful act doctrine are separate statute of limitations exceptions and must be analyzed separately.***
To establish a continuing violation, a charging party must demonstrate that the violation has been revived by subsequent unlawful conduct within the statutory limitations period. There is no continuing violation when the employer’s conduct during the limitations period constituted an unfair practice only by its relation to the original offense. No continuing violation when the employer’s refusals to register the employee organization under the employer’s local rules during the limitations period were merely reiterations of the position the employer took outside the limitations period.
1101.06000 – Statutory and Equitable Tolling
***OVERRULED ON OTHER GROUNDS by County of San Diego (2020) PERB Decision No. 2721-M.***
The statute of limitations is tolled during the period of time the parties are utilizing a non-binding dispute resolution procedure 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. No equitable tolling while charging party pursued action against respondent in superior court because the court was not a mutually agreed forum for resolving disputes between the parties.