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

Single Topic for Decision 2155M

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* * * OVERRULED IN PART ON OTHER GROUNDS by Santa Clara Valley Water District (2013) PERB Decision No. 2349-M. * * *

Under continuing violation doctrine, a violation within the statute of limitations period may ‘revive’ an earlier violation of the same type that occurred outside of the limitations period. The violation within the statute of limitations period, however, must constitute an independent violation without reference to the earlier violations.