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

Single Topic for Decision 1367H

View all topics for Decision 1367H

Full Decision Text (click on the link to view): Full Text

An unfair practice must be filed with PERB within six months of its occurrence. (Gov. Code, sec. 3563.2(a).) PERB has held that the six-month period commences once the charging party knows, or should have known, of the conduct underlying the charge. Charging party's excuse for waiting seventeen years to file charge (lack of knowledge of PERB, the statutes enforced by PERB, or charging party's rights under those statutes) cannot cure a late filing.