CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Amended Charge or Complaint; Withdrawal of Charge; Relation Back Doctrine
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1101.02000 – Amended Charge or Complaint; Withdrawal of Charge; Relation Back Doctrine
Under the relation-back doctrine, a charging party may amend a charge to add alleged violations that it discovered more than six months earlier “if the amended charges are closely related to the actions in the original charge.” (Monterey Peninsula Unified School District (2014) PERB Decision No. 2381, p. 37, quoting Gonzales Union High School District (1984) PERB Decision No. 410, pp. 19-20.) Because the Union raised the interference allegations within six months of discovering management’s’ e-mails, PERB did not need to determine whether the relation back doctrine would apply to these facts.