Decision 2574H – Regents of the University of California


Decision Date: June 28, 2018

Decision Type: PERB Decision (Non-Precedential)

Description: A former higher education employee alleged that the Regents of the University of California violated HEERA by terminating his employment in retaliation for protected activity, and by implementing unilateral changes to working conditions.  PERB’s Office of the General Counsel dismissed the charge as untimely, and the employee appealed the dismissal, arguing that the six-month limitations period should be subject to equitable tolling until the time when the employee discovered that the exclusive representative would not take his grievance to arbitration.

Disposition: The Board denied the appeal and adopted the dismissal.  Under the facts alleged in the charge, the employee knew or reasonably should have known that his grievance would not advance to arbitration well over six months before he filed his charge.  Unlike the federal case relied on by the appeal, the charge also alleged no facts demonstrating that the exclusive representative had done anything to lull him into inaction during the several months between his termination and the filing of his charge.

Perc Vol: 43
Perc Index: 21

Decision Headnotes

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