Decision A270E – Davis Teachers Association (Heffner)

S-CO-344

Decision Date: November 7, 1995

Decision Type: PERB Decision

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Perc Vol: 20
Perc Index: 27002

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.04000 – Scope of Duty; Internal Union Affairs

An exclusive representative does not violate the duty of fair representation by refusing to represent a unit memeber who seeks vindication of rights in a non-contractual administrative or judicial forum not controlled by the exclusive representative such as under the Education Code; p. 7, 8, ALJ's order. The national affiliate of an exclusive representative does not become an exclusive representative through affiliation with a local chapter; p. 7, ALJ's order.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

The national affiliate of an exclusive representative does not become an exclusive representative through affiliation with a local chapter; p. 7, ALJ's order.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.06000 – Other

The national affiliate of an exclusive representative does not become an exclusive representative through affiliation with a local chapter; p. 7, ALJ's order.

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

Timeliness cannot be waived either by the parties or the Board itself and need not be plead affirmatively but is part of the charging party's burden of proof; p. 5, ALJ's order. Limitations period begins when charging party has actual or constructive notice of respondent's clear intent and nothing subsequent evinces waivering; Charging party's failure to understand the legal significance of the actions taken against him until later does not excuse an otherwise untimely filing; p. 6, ALJ's order.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

The six-month period is to be computed by excluding the day the alleged misconduct took place and including the last day, unless the last day is a holiday, and then it also is excluded; p. 5, ALJ's order.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.04000 – Continuing Violation

Under the continuing violation theory even if the first act in a series was outside the period of timeliness, the underlying unfair practice may be revived by a subsequent act within the statutory period. But it is critical in allegations involving continuing violations that the subsequent act itself sets out a prima facie unfair practice; where the subsequent act is by someone not an agent of respondent, there is no prima facie case; p. 6, ALJ's order.