CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Waiver; Estoppel

Single Topic for Decision 2398H

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The employer’s acquiescence to the UC-AFT’s pursuit of the grievance through the arbitration procedure induced the UC-AFT to rely to its own detriment on the employer’s implicit representation that arbitration was the proper avenue for resolving the underlying dispute. The employer may not now claim that the UC-AFT’s utilization of the incorrect grievance resolution procedure deprives it of the protections of equitable tolling.