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

Single Topic for Decision 2626E

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In a unilateral change case, the limitations period is not tolled during the parties’ subsequent efforts to negotiate the foreseeable effects of the change. (p. 4.) First, the parties’ bargaining obligations are from statute, not a dispute resolution procedure contained in a negotiated written agreement. Second, the parties’ effects bargaining procedures were not used to resolve the same dispute that is the subject of the charge: an alleged unilateral change. (p. 5.)