CASE PROCESSING PROCEDURES; CHARGE – In General/Prima Facie Case
Single Topic for Decision 2150E
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1100.01000 – In General/Prima Facie Case
Where charging party was aware that the union declined to support or assist her with her grievance, the limitations period began to run. Unfair practice charge filed approximately 15 months later was untimely. PERB is prohibited 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.” The limitations period begins to run once the charging party knows, or should have known, of the conduct underlying the charge. Board regulations allow for agents to provide technical assistance, not legal representation or interpretations of law, to complainants. Charging party’s claim that the limitations period should be extended because she spoke with a PERB agent within the six month statute of limitations, regarding her work complaints, and was not advised that she might have a claim against the union is without merit. Charging party bears the burden to identify the respondent and allege facts to state a prima facie violation of the Act.