CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Continuing Violation
Single Topic for Decision 0194E
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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.