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

Single Topic for Decision 2176M

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***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.***

To establish a continuing violation, a charging party must demonstrate that the violation has been revived by subsequent unlawful conduct within the statutory limitations period. There is no continuing violation when the employer’s conduct during the limitations period constituted an unfair practice only by its relation to the original offense. No continuing violation when the employer’s refusals to register the employee organization under the employer’s local rules during the limitations period were merely reiterations of the position the employer took outside the limitations period.