CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Amended Charge or Complaint; Withdrawal of Charge; Relation Back Doctrine
Single Topic for Decision 1041E
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1101.02000 – Amended Charge or Complaint; Withdrawal of Charge; Relation Back Doctrine
Under EERA section 3541.5(a)(1) PERB is precluded from issuing "a complaint in respect of any charge based upon alleged unfair practice occuring more than six months prior to the filing of the charge;" p. 7, dismissal letter. An exception to the statutory limitation of time may be made where an amended charge is found to "relate back" to the original charge because it adds a new legal theory but relies on facts alleged in the original charge; p. 7, dismissal letter. While salary differentials were reducted, the reduction is nowhere mentioned in any of the various unfair practice charges filed by the Union nor mentioned in the record and thus the factual issues are new, and rejected as being outside the statute of limitation; p. 9, dismissal letter. dismissal letter.