CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – In General

Single Topic for Decision 2398H

View all topics for Decision 2398H

Full Decision Text (click on the link to view): Full Text

After the issuance of a complaint by the Office of the General Counsel, assertion of the statute of limitations is an affirmative defense, and the respondent has the burden of proving the unfair practice charge was untimely. Thus, in satisfying its burden of proof on the timeliness issue where a grievance has been filed, the respondent must prove that the charge was filed outside the six-month limitations period and that the tolling exception does not apply.