CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Continuing Violation

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Under the continuing violation theory even if the first act in a series was outside the period of timeliness, the underlying unfair practice may be revived by a subsequent act within the statutory period. But it is critical in allegations involving continuing violations that the subsequent act itself sets out a prima facie unfair practice; where the subsequent act is by someone not an agent of respondent, there is no prima facie case; p. 6, ALJ's order.