CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – In General
Single Topic for Decision 2279M
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1101.01000 – In General
Allegations in amended charge are untimely. Relation back doctrine does not apply because new allegations cannot be viewed as merely clarifying the original allegations in this initial charge or adding a new legal theory based on facts originally alleged in the initial charge, but were added to charge. Equitable tolling does not apply to render allegations of amended charge timely, where charging party did not provide PERB with a copy of grievance procedures or other documentation demonstrating what occurred during grievance procedure. Allegations in original charge regarding changed job duties and increased security were incorporated into amended charge and should have been included in complaint relating to poor performance evaluation and denial of overtime opportunity.