CASE PROCESSING PROCEDURES; CHARGE – In General/Prima Facie Case
Single Topic for Decision 2176M
Full Decision Text (click on the link to view): Full Text
1100.01000 – In General/Prima Facie Case
***OVERRULED IN PART by County of San Diego (2020) PERB Decision No. 2721-M, where the Board held that the continuing violation doctrine and new wrongful act doctrine are separate statute of limitations exceptions and must be analyzed separately.***
Charge untimely because employee organization learned more than six months before the charge was filed that the employer had refused to register it under the employer’s local rules. The continuing violation doctrine did not apply because the employer’s refusals to register the employee organization within the limitations period were merely reiterations of the same position. The statute of limitations was not equitably tolled while the employee organization pursued an action against the employer in superior court because that forum was not one agreed upon by the parties for resolution of disputes between them.