CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – In General
Single Topic for Decision A270E
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1101.01000 – In General
Timeliness cannot be waived either by the parties or the Board itself and need not be plead affirmatively but is part of the charging party's burden of proof; p. 5, ALJ's order. Limitations period begins when charging party has actual or constructive notice of respondent's clear intent and nothing subsequent evinces waivering; Charging party's failure to understand the legal significance of the actions taken against him until later does not excuse an otherwise untimely filing; p. 6, ALJ's order.