CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Waiver; Estoppel

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). * * *

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. Therefore, a respondent’s failure to raise the statute of limitations as an affirmative defense in its answer does not waive the issue of timeliness.