CASE PROCESSING PROCEDURES; ISSUES ON APPEAL – Statute of Limitations

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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.) District failed to establish statute of limitations defense, as union filed charge within six months of learning that the District was using responses to its non0binding survey to assign work opportunities. (pp. 8-9.)