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

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EERA section 3541.5(a)(1) prohibits the Board 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; p. 7, warning letter. 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; p. 7, warning letter. The limitations period is tolled during the time it takes the charging party to exhaust any contractual grievance machinery through settlement or binding arbitration. The statute is tolled once a grievance is filed, but only to the conduct contained in the grievance. The statute begins to run again once the grievance process is completed; p. 7, warning letter.