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

Single Topic for Decision 2032H

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HEERA allows the Board to equitably toll the statute of limitations for filing a charge with PERB in appropriate circumstances. Equitable tolling can easily be reconciled with HEERA’s fundamental purpose of promoting harmonious labor relations. The Board adopts the same test set forth in Long Beach Community College District (2009) PERB Decision No. 2002 to determine whether the statute of limitations under HEERA will be tolled when the negotiated dispute resolution procedure ends in binding arbitration: (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.