CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Continuing Violation

Single Topic for Decision 2157E

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Under the continuing violation doctrine, a violation within the statute of limitations period may “revive” an earlier violation of the same type that occurred outside the limitations period. However, the doctrine does not apply where the alleged unlawful conduct outside the limitations period consists of acts that are separate and independent from the timely allegations. In this case, each year in which the union failed to make available the required financial report constituted a separate and independent act. Therefore, a single timely allegation of the failure provide the financial report does not bring the allegations for the prior nine years within the continuing violation doctrine.