CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Statutory and Equitable Tolling
Single Topic for Decision 1564E
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1101.06000 – Statutory and Equitable Tolling
Board reinstated doctrine of equitable tolling. Board held that when a grievance has been filed utilizing a bilaterally agreed upon dispute resolution procedure in an effort to resolve the same dispute which is the subject of the charge, the statute of limitations is tolled during the period of time the grievance is being pursued if: (1) the charging party reasonably and in good faith pursues the grievance; and (2) tolling did not frustrate the purpose of the statutory limitation period by causing surprise or prejudice to the respondent. Section 3541.5(a) only addresses grievance machinery that ends in binding arbitration. Board believes that parties to a negotiated grievance procedure, even one that does not end in binding arbitration, should be encouraged to utilize the procedure to settle disputes at the most informal level.