CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – In General
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1101.01000 – In General
A charging party bears the burden of demonstrating that the charge is timely filed. An unfair practice allegation may still be considered to be timely filed if the alleged violation is a continuing one. To establish a continuing violation, a charging party must demonstrate that the violation has been revived by subsequent unlawful conduct within the statutory limitations period. A continuing violation will not be found where the employer’s conduct during the limitations period constituted an unfair practice only by its relation to the original offense. The statute of limitations runs from the discovery of the conduct constituting the unfair practice, not from the discovery of the legal significance of the alleged unlawful conduct. The fact that Charging Parties received a bargaining update from the Association within the statutory limitations period does not make this allegation timely filed. Because the unfair practice charge was filed nearly three years after the MOU was effective, the Board found the Charging Parties’ allegation was not timely filed.