CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Statutory and Equitable Tolling

Single Topic for Decision 0194E

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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