CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Computation of Six-Month Period
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1101.03000 – Computation of Six-Month Period
EERA section 3541.5(a)(1) bars the issuance of a complaint for acts that occurred more than six months prior to filing of charges; p. 4, warning letter. Six-month period commences to run when the charging party knew or should have known of the conduct giving rise to the alleged unfair practice; p. 4, warning letter. Reasonable person would not have waited nine months after making inquiry to discover that union did not intend to respond to request; p. 4, warning letter. Untimely charge is not revived by request for status report during statutory period; p. 2, dismissal letter; p. 5, warning letter.