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

Single Topic for Decision 2626E

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The limitations period may be equitably tolled while the parties utilize a non-binding dispute resolution procedure if: (1) the procedure is contained in a written agreement negotiated by the parties, (2) the procedure is being used to resolve the same dispute that is the subject of the unfair practice charge, (3) the charging party reasonably and in good faith pursues the procedure, and (4) tolling does not frustrate the purpose of the statutory limitation period by causing surprise or prejudice to the respondent. (pp. 4-5)