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

Single Topic for Decision 0269S

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The running of the six-month period set forth in Dills Act section 3514.5 is tolled during the time complainant was pursuing grievance machinery provided by agreement between the parties and which culminates in settlement or binding arbitration; pp. 3-4. Doctrine of equitable tolling provides that the statute of limitations will not bar a claim where (1) injured person has several legal remedies and reasonably and in good faith pursues one; and (2) the defendant is protected from surprise and prejudice; p. 4. Board will not apply doctrine of equitable tolling to Charging Party's pursuit of claim against employer through her local legislators and the "Labor Board"; pp. 4-5. But see 718-H and 826-H.