Decision 2794E – Palmdale School District


Decision Date: November 1, 2021

Decision Type: PERB Decision (Non-Precedential)

Description:  Charging Parties Joei Dyes and the AnonymousKnowNothings (Charging Parties) appealed a dismissal by PERB’s Office of the General Counsel (OGC) finding that: (1) PERB lacked jurisdiction over the alleged breach of contract, the alleged defamation, retaliation and/or discrimination based on a protected class (race, gender and age), and any violation of the Labor Code; (2) Charging Parties lacked standing to allege that the employer violated section 3543.5, subdivision (d); (3) Charging Parties failed to establish a prima facie violation of Educational Employment Relations Act (EERA) based on blacklisting or defamation; and (4) Charging Parties’ allegations in the amended charge related to discrimination failed to establish a prima facie case that the employer treated Dyes disparately, departed from established procedures, offered inconsistent or contradictory justifications for its actions, or any other facts that might demonstrate the employers’s unlawful motive. The amended charge also alleged that the employer violated the Public Employee Communication Chapter (PECC) by failing to provide the exclusive representative with Dyes’ contact information within 30 days of her conditional offer of employment. OGC’s dismissal letter did not address this allegation.

Disposition:  The Board found that the newly alleged PECC violation predated the amended charge by more than six months and Charging Parties did not allege facts indicating that the relation back doctrine or another recognized exception to the statute of limitations applies. Thus, the new PECC allegation was untimely. Accordingly, the Board found that alleged PECC violation, along with Charging Parties’ remaining allegations, were properly dismissed.

Perc Vol: 46
Perc Index: 80

Decision Headnotes

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