CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Computation of Six-Month Period
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1101.03000 – Computation of Six-Month Period
The Dills Act states that PERB may not issue a complaint on an underlying charge based upon an alleged unfair practice occurring more than six months before the filing of the charge. This limitations period is mandatory, and is a jurisdictional bar to charges filed outside the six-month period. The limitations period begins to run once a charging party knows or should have known of the conduct underlying the charge. PERB has determined that a charging party's belated discovery of the legal significance of the underlying conduct does not excuse an otherwise untimely filing; p. 6. The doctrine of equitable tolling, under which the statutory limitations period is tolled while a charging party pursues an alternative legal remedy, is not applicable to the statutes administered by PERB; p. 7.