CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – In General

Single Topic for Decision 2002E

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* * * OVERRULED IN PART by Los Angeles Unified School District (2014) PERB Decision No. 2359, where the Board held that the statute of limitations is an affirmative defense and is not jurisdictional (equitable tolling is an allowable doctrine). * * *

Six month statute of limitations in EERA section 3541.5(a)(1) is not jurisdictional. In PERB unfair practice proceedings, the statute of limitations is an element of the charging party’s prima facie case that the charging party bears the burden of proving at hearing. The portions of Long Beach Community College District (2003) PERB Decision No. 1564 and Walnut Valley Unified School District (1983) PERB Decision No. 289 stating that the statute of limitations is an affirmative defense that must be raised and proved by the respondent are overruled.