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

Single Topic for Decision 2273E

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For the continuing violation doctrine to apply, the conduct alleged during the limitations period must be of the same type as that alleged outside the limitations period and must stand on its own as an unfair practice. Doctrine inapplicable to alleged refusal to negotiate over proposals sunshined at public meeting, where allegations did not state an independent unfair practice and conduct in seeking to negotiate is not of the same type as alleged violation of public notice requirements of EERA section 3547. Alleged adoption of initial proposals at public meeting did not revive earlier allegation that notice provided previously failed to comply with requirements of section 3547.