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

Single Topic for Decision 2155M

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* * * OVERRULED IN PART ON OTHER GROUNDS by Santa Clara Valley Water District (2013) PERB Decision No. 2349-M. * * *

Under the equitable tolling doctrine, the statute of limitations will be tolled if: (1) the procedure is contained in a written agreement negotiated by the parties; (2) the procedure is being used to resolve the same dispute that is the subject of the unfair practice charge; (3) the charging party reasonably and in good faith pursues the procedure; and (4) tolling does not frustrate the purpose of the statutory limitation period by causing surprise or prejudice to the respondent.