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

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The six-month limitations period for an unfair practice charge begins once the charging party knows, or should know, of the conduct underlying the charge. (Gavilan Joint Community College District (1996) PERB Decision No. 1177, p. 4.) For OGC to issue a complaint, the charging party must allege facts that would, if proven, establish timeliness. (Los Angeles Unified School District (2014) PERB Decision No. 2359, pp. 3 & 30.) After OGC issues a complaint, the respondent bears the burden to plead untimeliness as an affirmative defense and to prove that the statute of limitations bars the charge. (Id. at p. 30.) (p. 8.)