CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Computation of Six-Month Period
Single Topic for Decision 1234E
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1101.03000 – Computation of Six-Month Period
In a unilateral change case, the statute of limitations commences on the date the charging party has actual or constructive notice of the respondent's clear intent to implement the change in policy and no subsequent wavering of respondent's intent. (Cloverdale Unified School District (1991) PERB Decision No. 911.) The charging party need not await actual implementation of the change in policy to file a charge and should not rest on its rights. (Mt. Diablo Unified School District (1994) PERB Decision No. 1034.) When District representative informed exclusive representative that District had right to make the change without negotiating, union had actual notice of District's intent to make the change.