CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – In General

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An employer’s announcement of a new policy as a fait accompli would not trigger a duty to demand bargaining and cannot support a waiver defense. Thus, waiver and timeliness normally apply in separate circumstances: announcing a fait accompli can trigger the statute of limitations for a unilateral change charge but cannot support a waiver by inaction defense, while proposing a new policy does not trigger the statute of limitations but can lead PERB to find waiver by inaction if the union does not respond to the proposal within a reasonable time. (County of Merced (2020) PERB Decision No. 2740-M, p. 20.) (pp. 17-18.)