CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Computation of Six-Month Period

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HEERA section 3563.2(a) prohibits PERB from issuing a complaint with respect to any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge. A charging party bears the burden of demonstrating that the charge is timely filed. In cases alleging unlawful unilateral changes, the statute of limitations begins to run on the date the charging party has actual or constructive notice of the respondent’s clear intent to implement a unilateral change in policy, providing that nothing subsequent to that date evinces a wavering of that intent. Thus, a unilateral change occurs when an official action has been taken, not a subsequent date when the action becomes effective.