Decision 0194E – San Dieguito Union High School District
LA-CE-479
Decision Date: February 25, 1982
Decision Type: PERB Decision
Perc Vol: 6
Perc Index: 13062
Decision Headnotes
1101.04000 – Continuing Violation
Even if a charge is filed outside the six-month statutory period, it may still be considered timely filed if the alleged violation is a continuing one, if the violation has been revived by subsequent unlawful conduct within the six-month period, or if the limitation period was tolled while the Association was diligently and reasonably pursuing alternative procedures for obtaining relief and other remedies; p. 5. Employer unilateral implementation of a sign-out policy is not a continuing violation each time a teacher is required to sign out. The focus of the inquiry is on the date the employer institutes policy change, not each time it is later enforced; pp. 5-10.
1101.06000 – Statutory and Equitable Tolling
The statute of limitations period does not invariably run without interruption and terminate at the end of six months. The concept of "tolling" suspends running of the statute; p. 11. Statutory tolling under EERA suspends running of the statute only if the dispute is being entertained via grievance procedure ending in binding arbitration; p. 12. Equitable tolling suspends running of the statute only if: (1) tolling in the particular case will not frustrate purpose underlying statute of limitations - prevent surprises through revival of stale claims etc., (2) the responding party is not prejudiced - injured party has several legal remedies & reasonably and in good faith pursues one; pp. 12-13. The alternative chosen must constitute a practical effort several legal remedies & reasonably and in good faith pursues one; pp. 12-13. The alternative chosen must constitute a practical effort
1101.07000 – Waiver; Estoppel
District is not estopped from asserting statute of limitations defense before PERB simply because it represented to the Superior Court in a related action that the matter should have been filed before PERB; p. 15.
1403.02000 – Cause for Estoppel
District is not estopped from asserting statute of limitations defense before PERB simply because it represented to the Superior Court in a related action that the matter should have been filed before PERB; p. 15.