CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Continuing Violation
Single Topic for Decision 2691M
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1101.04000 – Continuing Violation
A charging party timely challenges a local rule by filing a charge within six months of any independent instance in which the employer has applied the rule, or, alternatively, at any time under the continuing violation doctrine, if a union or employee would risk an adverse consequence by violating the rule. Union’s challenge was timely under both theories. First, union risked an adverse consequence under the Charter’s penalty provision, should union have missed the submission deadline. Second, union filed its charge early in the negotiations cycle, just as the City was beginning to apply its Charter provisions. The new negotiations cycle qualified as an independent application of the Charter, which triggered a new statute of limitations.