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

Single Topic for Decision 1152H

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* * * OVERRULED IN PART by Mount Diablo Education Association (Scott) (2010) PERB Decision No. 2127, where the Board held that a violation of the duty of fair representation may be established based on inaction that occurred more than six months before a charge is filed, provided the inaction was part of the same course of conduct as inaction within the statutory limitations period. * * *

HEERA section 3563.2(a) bars PERB from issuing a complaint for conduct which occurred more than six months prior to the filing of the charge; p. 5. The limitations period begins to run once the charging party knows, or should have known, of the conduct; p. 5.