CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Statutory and Equitable Tolling

Single Topic for Decision 2279M

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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. Without this evidence, it is difficult to determine whether grievances were processed utilizing a dispute resolution procedure contained in a written agreement negotiated by the parties. Charge contains no factual support for proposition that county’s disciplinary investigation was part of a negotiated grievance procedure, and disciplinary investigation by its nature cannot be categorized as involving the same dispute as an unfair practice charge alleging retaliation. Even giving charging party the benefit of the doubt regarding the applicability of the equitable tolling doctrine to specified allegations, they would still be untimely.