CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Continuing Violation
Single Topic for Decision 2176M
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1101.04000 – Continuing Violation
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.