CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Statutory and Equitable Tolling

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Grievance filed against the employer does not toll the statute with regard to claim against union. Filing of previous charges and claims with PERB and the courts do not toll the statute of limitations. PERB has found that the EERA only permits tolling by the filing of a grievance under a contract procedure that ends in binding arbitration. (San Dieguito Union High School District (1982) PERB Decision No. 194. There is no equitable tolling in PERB proceedings. (San Diego Unified School District (1992) PERB Decision 885.)