CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – In General
Single Topic for Decision 2001M
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1101.01000 – In General
PERB is prohibited 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. In unilateral change cases, the statute of limitations begins to run on the date a charging party has actual or constructive notice of the respondent’s clear intent to implement a unilateral change in policy, provided that nothing subsequent to that date evinces a wavering of that intent. The charging party bears the burden of demonstrating that the charge is timely filed.