CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – In General

Single Topic for Decision 0718H

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* * * OVERRULED IN PART by Long Beach Community College District (2003) PERB Decision No. 1564, where the Board held that the six-month statute of limitations is not jurisdictional and thus may be equitably tolled, and by Los Angeles Unified School District (2014) PERB Decision No. 2359, where the Board held that the statute of limitations is an affirmative defense that may be waived. * * *

Board held that HEERA section 3563.2(a) constitutes a jurisdictional bar to charges filed outside its prescribed six month time period. Board disapproves of any application of PERB Regulation 32644 making the untimeliness of unfair practice charge an affirmative defense subject to a party's waiver.