CASE PROCESSING PROCEDURES; CHARGE – In General/Prima Facie Case

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EERA section 3541.5(a)(1) 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. This limitations period begins to run once the charging party knows, or should have known, of the conduct underlying the charge. A charging party must file a charge when it has actual or constructive notice of the respondent’s clear intent to implement a unilateral change in policy. Thus, a charging party that rests on its rights until actual implementation of the change bears the risk of running afoul of the statute of limitations.