Decision 2507E – San Diego Unified School District
Decision Date: December 13, 2016
Decision Type: PERB Decision (Non-Precedential)
Description: The charging party, a public school, appealed the dismissal of her unfair practice charge which alleged that her termination by the District violated EERA. The charge was dismissed as untimely, because it had not been filed with PERB until approximately one and one-half year after the termination.
Disposition: Because the charge was not filed until well after the six-month statute of limitations for an unfair practice charge, and was not subject to tolling, the Board affirmed the dismissal on timeliness grounds. Additionally, the charging party’s assertion that she did not know of her legal rights and remedies with PERB sooner did not toll the statute of limitations, as lack of knowledge of PERB and its procedures or remedies does not excuse a late filing.
Perc Vol: 41
Perc Index: 99