CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Statutory and Equitable Tolling
Single Topic for Decision 2002E
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1101.06000 – Statutory and Equitable Tolling
* * * OVERRULED IN PART ON OTHER GROUNDS by Los Angeles Unified School District (2014) PERB Decision No. 2359. * * *
The statute of limitations is tolled during the period of time the parties are utilizing a non-binding dispute resolution procedure if: (1) the procedure is contained in a written agreement negotiated by the parties; (2) the procedure is being used to resolve the same dispute that is the subject of the unfair practice charge; (3) the charging party reasonably and in good faith pursues the procedure; and (4) tolling does not frustrate the purpose of the statutory limitation period by causing surprise or prejudice to the respondent. Equitable tolling applies even if the charging party seeks a different remedy before PERB than it sought in the non-binding dispute resolution process. Limitations period was equitably tolled while parties utilized written interim grievance procedure. Even though charging party never formally invoked the interim grievance procedure, the parties’ conduct was consistent with the steps set forth in the procedure.