CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Computation of Six-Month Period

Single Topic for Decision 2738H

View all topics for Decision 2738H

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

In unilateral change cases, the limitations period begins to run on the date charging party has actual or constructive notice of respondent’s clear intent to implement a unilateral change, provided nothing subsequently evinces a wavering of that intent. (p. 8.) The union knew of the conduct underlying its unilateral change theory, viz., that the employer deviated from existing procedures, more than six months prior to filing the charge. (pp. 9-10.) The belated discovery of the legal significance of the underlying conduct does not excuse an otherwise untimely filing. (p. 12.)