Decision 2396M – City of Livermore

SF-CE-1051-M

Decision Date: October 22, 2014

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 39
Perc Index: 59

Decision Headnotes

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

The statute of limitations for a charge of unlawful unilateral action runs from the date the charging party has actual or constructive notice of the employer’s clear intent to unilaterally implement a change in policy, provided that nothing subsequent to that date evinces a wavering of that intent; by expressing a willingness to consider the union’s response to the change in policy in the paid meal break policy, making changes to the policy in response to the union’s input and retracting the implementation date, the employer wavered in its intent to implement the change in policy; the statute of limitations did not begin to run until the employer announced it was no longer amenable to negotiations.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.02000 – Statute of Limitations

The statute of limitations for a charge of unlawful unilateral action runs from the date the charging party has actual or constructive notice of the employer’s clear intent to unilaterally implement a change in policy, provided that nothing subsequent to that date evinces a wavering of that intent; by expressing a willingness to consider the union’s response to the change in policy in the paid meal break policy, making changes to the policy in response to the union’s input and retracting the implementation date, the employer wavered in its intent to implement the change in policy; the statute of limitations did not begin to run until the employer announced it was no longer amenable to negotiations.