CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Statutory and Equitable Tolling
Single Topic for Decision 2176M
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1101.06000 – Statutory and Equitable Tolling
***OVERRULED ON OTHER GROUNDS by County of San Diego (2020) PERB Decision No. 2721-M.***
The statute of limitations is tolled during the period of time the parties are utilizing a non-binding dispute resolution procedure 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. No equitable tolling while charging party pursued action against respondent in superior court because the court was not a mutually agreed forum for resolving disputes between the parties.