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

Single Topic for Decision 0826H

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* * * OVERRULED by Long Beach Community College District (2003) PERB Decision No. 1564 and Los Angeles Unified School District (2014) PERB Decision No. 2359, where the Board held that the statute of limitations is not jurisdictional, but is an affirmative defense. The burden of proof that equitable tolling does not apply is with the respondent. * * *

The doctrine of equitable tolling did not survive CSU, San Diego (1989) PERB Decision No. 718-H as the limitations period is not an affirmative defense and is non-waivable. The six-month statute of limitations now becomes a part of the charging party's burden of proof as part of the prima facie case.