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

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1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.06000 – Statutory and Equitable Tolling

Running of the statutory requirement that a claim must be filed within six months of the unfair practice was tolled under the statute while the charging party pursued her remedies under the grievance procedure of the contract. Running of the statute recommenced when CSEA notified the charging party of its final decision not to pursue the claim to binding arbitration. Survival of the doctrine of equitable tolling, in light of CSU (San Diego) (1989) PERB Decision No. 718-H, was not discussed because Chen's claim was untimely even if the statute was tolled on equitable principles (i.e., that she was preparing to file a grievance). (No equittable tolling pursuant to UC (UC-AFT) (1990) PERB Decision No. 826-H.)