CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – In General
Single Topic for Decision 1307E
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1101.01000 – In General
A charge alleging violation of duty of fair representation under EERA must comport with section 3541.5(a)(1) which provides that PERB shall not issue a complaint in any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge. It is not the charging party's knowledge of the law which starts the statute of limitations running. It starts to run when the charging party knew or should have known of the activities allegedly violating EERA; p. 2, dismissal letter.