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

Single Topic for Decision 2758M

View all topics for Decision 2758M

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

PERB will consider bargaining conduct that occurs outside the statute of limitations period if there is also challenged conduct occurring within the limitations period. Such an approach is necessary because “[a]rtificially removing from consideration any bargaining conduct older than six months for any purpose is antithetical to the ‘totality of the bargaining conduct’ analysis.” (County of San Diego (2020) PERB Decision No. 2721-M, p. 9, fn. 5, quoting Anaheim Union High School District (2015) PERB Decision No. 2434, adopting proposed decision at p. 58.) However, when none of the respondent’s conduct during the limitations period evinces bad faith, evidence from outside the limitations period cannot be used to “reviv[e] a legally defunct unfair practice charge.” (Anaheim, supra, PERB Decision No. 2434, adopting proposed decision at p. 56.) (pp. 35-36.)