CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Statutory and Equitable Tolling

Single Topic for Decision 2093H

View all topics for Decision 2093H

Full Decision Text (click on the link to view): Full Text

The Board extended the doctrine of equitable tolling to cases arising under HEERA in Trustees of the California State University (San Jose) (2009) PERB Decision No. 2032-H. The statute of limitations was equitably tolled as: (1) charging party’s grievance was filed pursuant to a negotiated written agreement; (2) the same incident was at issue in the grievance and the charge; (3) charging party pursued the grievance by attending grievance meetings; and (4) no evidence existed that tolling caused prejudiced.