October 2022

Unfair Labor Practice Not Found: Failure to Respond to Show Cause Order May Warrant Dismissal of Charge; Commission Does Not Retain Jurisdiction Over Complaints of Discrimination, and Therefore Charging Party Failed to State a Valid PERA Claim.

Unfair Labor Practice Not Found: Charging Party Did Not File His Charge Until Almost Two Years After His Termination, Far Outside Commission’s Strict Six-Month Statute of Limitations Period; Extension of Limitations Period Not Extended by Charging Party’s Lack of Understanding of Statute; Commission’s Statute of Limitations is Jurisdictional, Therefore, the Commission Has No Authority to Grant Relief Where the Charge Was Not Timely Filed.

Unfair Labor Practice Not Found: Charging Party Failed to Establish That Respondent Violated its Duty to Remain Neutral With Respect to the Use of its Email System; Charging Party Failed to Establish That Respondent Violated PERA or Interfered With Employee Freedom of Choice in the Mail Ballot Election, and Therefore, Improper for the Commission to Set Aside the Election Results.

Unfair Labor Practice Not Found: Union’s Advancement to Arbitration of a Grievance Challenging the Transfer of a Guidance Counselor From the Non-Instructional Position She Held to a Teaching Position Did Not Violate Section 10(2)(d); Commission Found that the Term “Teacher” Within the Phrase “Teacher Placement” Under Section 15(3)(j) meant a Certificated Individual Employed as a Teacher; Consequently, the Bargaining Prohibitions of Section 15(3)(j) Were Not Violated By the Union’s Advancement of the Grievance to Arbitration.