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

Single Topic for Decision 2283E

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Charging party’s allegations establish a prima facie case for tolling EERA’s six-month limitations period while charging party processed a complaint under a non-binding bi-lateral complaint procedure contained in the collective agreement covering charging party’s employment. Charging party’s use of a non-binding bi-lateral complaint procedure qualifies for equitable tolling under PERB precedents where: (1) the procedure is contained in the collective bargaining agreement; (2) charging party’s complaint under the procedure sought to resolve a dispute which is the subject of the unfair practice charge; (3) charging party reasonably and in good faith pursued the procedure; and (4) tolling does not frustrate the purpose of the limitations period by causing surprise or prejudice to the employer.