CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Computation of Six-Month Period

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EERA section 3541.5(a)(1) prohibits PERB from issuing a complaint with respect to any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge. The limitations period begins to run once the charging party knows, or should have known, of the conduct underlying the charge. The charging party bears the burden of demonstrating that the charge is timely filed. For an allegation of the breach of the duty of fair representation, the statute of limitations begins to run on the date the employee, acting with reasonable diligence, knew or should have known that further assistance from the union was unlikely; p. 4, dismissal letter. Statute of limitations for a new allegation contained in an amended charge begins to run based on filing date of amended charge not original charge.