CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Statutory and Equitable Tolling
Single Topic for Decision 1389E
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1101.06000 – Statutory and Equitable Tolling
PERB does not recognizes the doctrine of "equitable tolling," under which a charging party will not be precluded from proceeding on an untimely charge if he or she has pursued an alternative legal remedy in good faith. Although charging party was arguably entitled to tolling under Government Code section 3541.5(a)(2), during which limitations period is tolled during time it took charging party to exhaust any contractual grievance machinery, grievance was terminated in January 1996 when charging party and his exclusive representative failed to pursue the grievance to binding arbitration and hence the charge, even with tolling, is untimely filed. Tolling is not appropriate unless the issue in the unfair practice charge was also raised in the grievance.