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

Single Topic for Decision 2052M

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The six-month statute of limitations commences to run when the charging parties knew or should have known of the conduct giving rise to the alleged unfair practice. The charging party must file a charge when it has actual or constructive notice of a clear intent to implement the action which constitutes the basis for the unfair practice, provided that nothing subsequent to that date evinces a wavering of that intent. The Union failed to demonstrate that the District’s conduct evidenced a wavering of intent. The e-mail revealed no discussions were on-going between the Union and the District concerning the grievability of the issue; rather, the discussions referenced concerned the employee’s employment status.