MMBA Claims Subject to 6-Month Time Limit

September 4, 2006 by Beeson Tayer & Bodine

Effective July 1, 2001, the California Legislature gave PERB exclusive jurisdiction to hear cases alleging violations of the Meyers-Milias-Brown Act (MMBA). But, in making this jurisdictional change, the Legislature never specified the statute of limitations for bringing a claim to PERB under the MMBA. For all other public employment claims, the Legislature explicitly designated a six month limitations period. Prior to July 1, 2001, it was generally accepted that there was a three-year statute of limitations to bring a claim (in Superior Court) alleging an unfair labor practice under the MMBA. Given this background, PERB took the position that the statute of limitations for MMBA claims was three years. In Coachella Valley Mosquito and Vector Control District v. PERB (2005) 35 Cal.4th 1072, however, the California Supreme Court reversed PERB on this issue. After examining the history of PERB as well as the other public employment relations laws over which the PERB has jurisdiction, the Court concluded that “the Legislature intended a six-month limitations period for an MMBA unfair practice charge to the PERB.” The Court then went on to hold that the sixmonth limitations period applied retroactively to MMBA unfair practices occurring prior to July 1, 2001. To sum it up, all unfair labor practices under MMBA must be filed with the PERB within six months of the alleged unfair practice.

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