All notes for Subtopic 1101.06000 – Statutory and Equitable Tolling
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2758M | County of Ventura 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling To toll the statute of limitations based on lack of notice or discovery, a charging party must show that it did not have “clear and unequivocal notice” of the alleged misconduct. (Trustees of the California State University (San Marcos) (2020) PERB Decision No. 2738-H, p. 12.) Here, nothing in the record shows that the Association knew or should have known prior to September 22, 2017 that the County’s Labor Relations Manager Craig Leedham made misrepresentations at the bargaining table. During negotiations in March and April 2017, Leedham repeatedly represented that the County would only report as income and not withhold taxes on employees’ accrued leave hours. Association representatives took Leedham’s statements at face value and communicated them to their membership, recommending that unit members ratify the tentative agreement precisely because of the reassurances the bargaining team had received that the County would only report constructive receipt income. Based on Leedham’s assurances, the Association membership ratified the MOA in May 2017. The Association’s reasonable reliance was reinforced when the County did not communicate anything further about the issue for over four months. It was only upon receipt of the Auditor-Controller’s September 22, 2017 letter directly contradicting Leedham’s March and April 2017 statements that the Association first learned of the County’s misrepresentations. Because the Association could not have discovered that Leedham’s statements were inaccurate until after September 22, 2017, the statute of limitations could not have begun to run prior to that date, and the misrepresentations therefore fall within the limitations period. (pp. 34-35.) more or view all topics or full text. | 45 | 87 | 03/23/21 |
| 2738H | Trustees of the California State University (San Marcos) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling A charging party’s belated discovery of the legal significance of the underlying conduct does not excuse an otherwise untimely filing. To toll the statute of limitations based on lack of notice or discovery, the party must show that it did not previously have clear and unequivocal notice of the alleged misconduct. (p. 12.) more or view all topics or full text. | 45 | 26 | 07/28/20 |
| 2738H | Trustees of the California State University (San Marcos) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling No equitable tolling because the parties expressly exempted the employer’s decisions regarding the issue in dispute from contractual grievance procedures. The union’s efforts to informally dispute the employer’s decision thus could not have tolled the statute of limitations. (p. 11, fn. 9.) more or view all topics or full text. | 45 | 26 | 07/28/20 |
| 2626E | Orcutt Union Elementary School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Under EERA section 3541.5, subd. (a)(2), the limitations period is subject to statutory tolling during the time it takes to exhaust any grievance machinery that ends in binding arbitration and that covers the matter at issue in the unfair practice charge. (p. 4, fn. 4.) more or view all topics or full text. | 43 | 140 | 02/22/19 |
| 2626E | Orcutt Union Elementary School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The limitations period may be equitably tolled while the parties utilize a non-binding dispute resolution procedure if: (1) the procedure is contained in a written agreement negotiated by the parties, (2) the procedure is being used to resolve the same dispute that is the subject of the unfair practice charge, (3) the charging party reasonably and in good faith pursues the procedure, and (4) tolling does not frustrate the purpose of the statutory limitation period by causing surprise or prejudice to the respondent. (pp. 4-5) more or view all topics or full text. | 43 | 140 | 02/22/19 |
| 2626E | Orcutt Union Elementary School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling In a unilateral change case, the limitations period is not tolled during the parties’ subsequent efforts to negotiate the foreseeable effects of the change. (p. 4.) First, the parties’ bargaining obligations are from statute, not a dispute resolution procedure contained in a negotiated written agreement. Second, the parties’ effects bargaining procedures were not used to resolve the same dispute that is the subject of the charge: an alleged unilateral change. (p. 5.) more or view all topics or full text. | 43 | 140 | 02/22/19 |
| 2573M | County of Riverside 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Equitable tolling only applies for the period of time while the matter was pending in advisory arbitration. more or view all topics or full text. | 43 | 17 | 06/25/18 |
| 2538E | San Diego Unified School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Under EERA section 3541.5, subdivision (a)(2), the six-month statute of limitations shall be tolled during the time it takes to exhaust the grievance machinery, provided it exists, ends in binding arbitration and covers the matter at issue in the unfair practice charge. more or view all topics or full text. | 42 | 41 | 09/07/17 |
| 2538E | San Diego Unified School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The statute of limitations will be tolled only if the grievance raises the same issues that have been raised in the unfair practice charge. The respondent may be placed on notice of the issues through the allegations in the grievance or through correspondence related to the grievance. more or view all topics or full text. | 42 | 41 | 09/07/17 |
| 2538E | San Diego Unified School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The statute of limitations is tolled only for the period from when the issue was raised in the grievance process until the grievance process concluded. Where issue was raised 30 days before the grievance process concluded, employer’s actions taken 6 months and 30 days before the charge was filed would be considered timely. more or view all topics or full text. | 42 | 41 | 09/07/17 |
| 2398H | Regents of the University of California 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Tolling of the statute of limitations under HEERA applies even if the parties are utilizing a non-binding dispute resolution procedure. After the issuance of a complaint by the Office of the General Counsel, assertion of the statute of limitations is an affirmative defense, and the respondent has the burden of proving the unfair practice charge was untimely. Thus, in satisfying its burden of proof on the timeliness issue where a grievance has been filed, the respondent must prove that the charge was filed outside the six-month limitations period and that the tolling exception does not apply. The equitable tolling period included the period of time during which the employer acquiesced in using the MOU, including its arbitration provisions, to resolve this dispute, regardless of whether the dispute was covered under the arbitration provision. The parties in this case initially agreed to arbitrate the union’s claim regarding misclassification of adjuncts, and the employer never objected to arbitration of the dispute or challenged the subject-matter arbitrability of the grievance. Tolling would not frustrate the purpose of the statute of limitations because the employer could not be surprised or prejudiced by the union’s pursuit of the unfair practice charge. more or view all topics or full text. | 39 | 64 | 11/17/14 |
| 2381E | Monterey Peninsula Unified School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The limitations period for a termination of employment or imposition of lesser discipline, commences on the date the termination or lesser discipline becomes effective, not on the earlier date on which an employer may provide an employee notice of its intention to terminate or impose the discipline. This policy recognizes that the question of whether a public employee may be terminated or disciplined is frequently subject to due process procedures under a collective bargaining agreement or memorandum of understanding, or under other regulatory or statutory procedures, and, consequently, there may be a significant delay between an employer’s announcement of the intent to terminate or discipline, and the parties’ ensuing completion of applicable due process procedures. Where a charging party timely alleges that an employer’s notice of intent to terminate or discipline is unlawful under our statutes, and thereafter, following utilization by the parties of due process procedures, the employer does in fact either terminate or discipline the employee, an amended charge alleging that the termination or discipline itself either was unlawfully motived or interfered with the exercise of employee rights, will be deemed to relate back to the timely-filed charge. more or view all topics or full text. | 39 | 12 | 06/27/14 |
| 2283E | Jurupa Unified School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Charging party’s allegations establish a prima facie case for tolling EERA’s six-month limitations period while charging party processed a complaint under a non-binding bi-lateral complaint procedure contained in the collective agreement covering charging party’s employment. Charging party’s use of a non-binding bi-lateral complaint procedure qualifies for equitable tolling under PERB precedents where: (1) the procedure is contained in the collective bargaining agreement; (2) charging party’s complaint under the procedure sought to resolve a dispute which is the subject of the unfair practice charge; (3) charging party reasonably and in good faith pursued the procedure; and (4) tolling does not frustrate the purpose of the limitations period by causing surprise or prejudice to the employer. more or view all topics or full text. | 37 | 58 | 08/21/12 |
| 2359E | Los Angeles Unified School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Where the tolling issue is raised by the filing of a grievance, in satisfying its burden of proof on the statute of limitations defense, the respondent must prove that the charge was filed outside the six month limitations period and that the tolling exception does not apply; placing the burden on the respondent of proving that the statute of limitations is not subject to tolling is warranted given the respondent’s knowledge of the grievance and status as a participant in the grievance machinery. more or view all topics or full text. | 38 | 136 | 03/19/14 |
| 2279M | County of Santa Barbara 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Equitable tolling does not apply to render allegations of amended charge timely, where charging party did not provide PERB with a copy of grievance procedures or other documentation demonstrating what occurred during grievance procedure. Without this evidence, it is difficult to determine whether grievances were processed utilizing a dispute resolution procedure contained in a written agreement negotiated by the parties. Charge contains no factual support for proposition that county’s disciplinary investigation was part of a negotiated grievance procedure, and disciplinary investigation by its nature cannot be categorized as involving the same dispute as an unfair practice charge alleging retaliation. Even giving charging party the benefit of the doubt regarding the applicability of the equitable tolling doctrine to specified allegations, they would still be untimely. more or view all topics or full text. | 37 | 49 | 08/09/12 |
| 2281M | City of Berkeley 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Because charging party failed to provide PERB with copy of grievance procedure or grievances, nor to allege in what manner allegations of retaliation for having engaged in protected activity involve the “same dispute” as issue before arbitrator, i.e., whether City was entitled to terminate her employment upon failure to return from approved leave of absence, six-month limitations period was not subject to equitable tolling. more or view all topics or full text. | 37 | 52 | 08/17/12 |
| A391M | City and County of San Francisco 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Equitable tolling inapplicable, where charge does not allege any facts to show that complaint before City Civil Service Commission was filed pursuant to a “bilaterally agreed-upon dispute resolution procedure.” more or view all topics or full text. | 36 | 81 | 11/09/11 |
| 2273E | Standard School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Charge fails to allege facts showing misrepresentation and concealment by school district of material facts relevant to the provision of public notice of its initial proposals so as to extend the statute of limitations through equitable tolling. more or view all topics or full text. | 37 | 17 | 06/22/12 |
| 2155M | County of Orange * * * OVERRULED IN PART by Santa Clara Valley Water District (2013) Decision No. 2349- M 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling * * * OVERRULED IN PART ON OTHER GROUNDS by Santa Clara Valley Water District (2013) PERB Decision No. 2349-M. * * *Under the equitable tolling doctrine, the statute of limitations will be tolled if: (1) the procedure is contained in a written agreement negotiated by the parties; (2) the procedure is being used to resolve the same dispute that is the subject of the unfair practice charge; (3) the charging party reasonably and in good faith pursues the procedure; and (4) tolling does not frustrate the purpose of the statutory limitation period by causing surprise or prejudice to the respondent. more or view all topics or full text. | 35 | 24 | 01/18/11 |
| 2176M | County of Riverside * * * OVERRULED IN PART by County of San Diego (2020) PERB Decision No. 2721-M 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling ***OVERRULED ON OTHER GROUNDS by County of San Diego (2020) PERB Decision No. 2721-M.***The statute of limitations is tolled during the period of time the parties are utilizing a non-binding dispute resolution procedure if: (1) the procedure is contained in a written agreement negotiated by the parties; (2) the procedure is being used to resolve the same dispute that is the subject of the unfair practice charge; (3) the charging party reasonably and in good faith pursues the procedure; and (4) tolling does not frustrate the purpose of the statutory limitation period by causing surprise or prejudice to the respondent. No equitable tolling while charging party pursued action against respondent in superior court because the court was not a mutually agreed forum for resolving disputes between the parties. more or view all topics or full text. | 35 | 69 | 03/29/11 |
| 2157E | Rio Teachers Association (Lucas) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling A request that the union provide copies of its financial report to its members does not demonstrate that the matter was subject to a grievance procedure. Thus, equitable tolling does not apply. more or view all topics or full text. | 35 | 27 | 01/21/11 |
| 2159E | Charter Oak Unified School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The statute of limitations begins to run when a charging party discovers the conduct that constitutes the alleged unfair practice, not when a charging party discovers the legal significance of that conduct. Therefore, allegation that charging party received information confirming her suspicions about the employer’s motivation did not render charge timely filed. Similarly, charging party’s lack of knowledge about PERB and the laws it enforces does not toll the six-months limitations period. more or view all topics or full text. | 35 | 32 | 01/27/11 |
| 2093H | Trustees of the California State University (San Marcos) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The Board extended the doctrine of equitable tolling to cases arising under HEERA in Trustees of the California State University (San Jose) (2009) PERB Decision No. 2032-H. The statute of limitations was equitably tolled as: (1) charging party’s grievance was filed pursuant to a negotiated written agreement; (2) the same incident was at issue in the grievance and the charge; (3) charging party pursued the grievance by attending grievance meetings; and (4) no evidence existed that tolling caused prejudiced. more or view all topics or full text. | 34 | 40 | 02/02/10 |
| 2059E | Los Angeles Community College District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The statute of limitations under EERA may be tolled during the period of time the parties are utilizing a non-binding dispute resolution procedure if: (l) the procedure is contained in a written agreement negotiated by the parties; (2) the procedure is being used to resolve the same dispute that is the subject of the unfair practice charge; (3) the charging party reasonably and in good faith pursues the procedure; and (4) tolling does not frustrate the purpose of the statutory limitation period by causing surprise or prejudice to the respondent. This tolling mechanism, sometimes referred to as equitable tolling, does not apply when the parties’ grievance procedure ends in binding arbitration and the statutory tolling provisions set forth in EERA section 3541.5(a)(2) apply. more or view all topics or full text. | 33 | 149 | 09/08/09 |
| 2052M | Nevada Irrigation District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The statute of limitations is tolled during the period of time the parties are utilizing a non-binding dispute resolution procedure if: (1) the procedure is contained in a written agreement negotiated by the parties; (2) the procedure is being used to resolve the same dispute that is the subject of the unfair practice charge; (3) the charging party reasonably and in good faith pursues the procedure; and (4) tolling does not frustrate the purpose of the statutory limitation period by causing surprise or prejudice to the respondent. Six-month limitations period was not equitably tolled because the dispute was different. The dispute in the grievance concerned the termination of an employee whereas the Union’s unfair practice charge alleged a unilateral change of the memorandum of understanding. more or view all topics or full text. | 33 | 134 | 07/23/09 |
| 2036M | City of Alhambra 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Equitable tolling does not apply to participation in non-contractual disciplinary appeals, such as Skelly hearings, which are not bilaterally agreed upon dispute resolution procedures. more or view all topics or full text. | 33 | 103 | 06/09/09 |
| 2032H | Trustees of the California State University (San Jose) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The Board adopts the same test set forth in Long Beach Community College District (2009) PERB Decision No. 2002 to determine whether the statute of limitations under HEERA will be tolled when the negotiated dispute resolution procedure ends in binding arbitration: (1) the procedure is contained in a written agreement negotiated by the parties; (2) the procedure is being used to resolve the same dispute that is the subject of the unfair practice charge; (3) the charging party reasonably and in good faith pursues the procedure; and (4) tolling does not frustrate the purpose of the statutory limitation period by causing surprise or prejudice to the respondent. Equitable tolling does not apply while an employee appeals a disciplinary action to the State Personnel Board, because that procedure does not put the other party on notice of a dispute that could result in an unfair practice charge and is not a negotiated procedure. Equitable tolling may, however, be tolled while an employee pursues a grievance procedure that is used to resolve the same dispute that is the subject of the unfair practice charge. In this case, even if equitable tolling applied, the charge would still have been dismissed as untimely. more or view all topics or full text. | 33 | 94 | 05/29/09 |
| 2035M | Solano County Fair Association 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The doctrine of equitable tolling as set forth in Long Beach Community College District (2009) PERB Decision No. 2002 applies to cases filed under the MMBA. Pursuant to Long Beach, the six-month limitation period for filing a charge with PERB should only be extended equitably when a party utilizes a bilaterally agreed upon dispute resolution procedure. Equitable tolling did not apply to extend the limitations period for filing an unfair practice charge with PERB under the MMBA where charging party failed to allege facts showing that his grievance was being pursued under a bilaterally agreed upon dispute resolution procedure, and instead alleged that the parties had no such dispute resolution procedure. more or view all topics or full text. | 33 | 102 | 06/09/09 |
| 2015E | Compton Unified School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Assuming charging parties were in the bargaining unit, the statute of limitations was not tolled under either statutory or equitable tolling theories. Charging parties did not allege facts demonstrating they were covered by a negotiated grievance procedure that either ended in binding arbitration or constituted a non-binding dispute resolution procedure. more or view all topics or full text. | 33 | 66 | 04/01/09 |
| 2017S | State of California (Department of Personnel Administration) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The statute of limitations was not equitably tolled while the parties engaged in mandatory mediation. more or view all topics or full text. | 33 | 68 | 04/01/09 |
| 2013S | State of California (Department of Personnel Administration) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Equitable tolling doctrine does not apply to impasse mediation pursuant to Dills Act section 3518 because filing a request for mediation does not put the other party on notice of the subject of a future unfair practice charge. Charge failed to establish applicability of equitable tolling doctrine because: mediation procedure was not contained in a written agreement negotiated by the parties; the parties did not mediate over the subject of the unfair practice charge; and the respondent would be prejudiced by tolling because it had no notice of the subject of the charge until the charge was filed. more or view all topics or full text. | 33 | 57 | 03/13/09 |
| 2002E | Long Beach Community College District * * * OVERRULED IN PART by Los Angeles Unified School District (2014) PERB Decision No. 2359 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling * * * OVERRULED IN PART ON OTHER GROUNDS by Los Angeles Unified School District (2014) PERB Decision No. 2359. * * * The statute of limitations is tolled during the period of time the parties are utilizing a non-binding dispute resolution procedure if: (1) the procedure is contained in a written agreement negotiated by the parties; (2) the procedure is being used to resolve the same dispute that is the subject of the unfair practice charge; (3) the charging party reasonably and in good faith pursues the procedure; and (4) tolling does not frustrate the purpose of the statutory limitation period by causing surprise or prejudice to the respondent. Equitable tolling applies even if the charging party seeks a different remedy before PERB than it sought in the non-binding dispute resolution process. Limitations period was equitably tolled while parties utilized written interim grievance procedure. Even though charging party never formally invoked the interim grievance procedure, the parties’ conduct was consistent with the steps set forth in the procedure. more or view all topics or full text. | 33 | 36 | 01/30/09 |
| 1923S | State of California (Department of Corrections and Rehabilitation) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The statute of limitations is six months under the Dills Act. The statute of limitations, however, pursuant to Government Code section 3514.5(a), is tolled during the time it takes the charging party to exhaust the grievance machinery. more or view all topics or full text. | 31 | 149 | 09/27/07 |
| 1904M | State Bar of California 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The filing of a federal lawsuit does not toll the statute of limitations under section 3514.5(a)(2) of the Dills Act. more or view all topics or full text. | 31 | 96 | 05/08/07 |
| 1896M | Turlock Irrigation District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The statute of limitations for filing an unfair practice charge began to run when the local agency’s board of directors denied the union’s appeal of the denial of its petition for recognition. more or view all topics or full text. | 31 | 80 | 03/28/07 |
| 1873E | Modesto City School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The charge was filed outside the six-month statute of limitations under EERA. The statute of limitations was not tolled by the filing of a prior unfair practice charge by the union based upon essentially the same alleged violations. more or view all topics or full text. | 31 | 37 | 12/29/06 |
| 1874E | California School Employees Association and Its Chapter 007 (Estacio and Martinez) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The unfair practice charge claiming a violation of the duty of fair representation was barred by the six-month statute of limitations. more or view all topics or full text. | 31 | 38 | 12/29/06 |
| 1692E | Salinas Union High School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The facts show that Montoya and the Federation knew of the District’s final decision on her grievance no later than July 2002 but the charge was not filed until March 26, 2003. Therefore, the filing of the charge exceeded the six-month limitation period under EERA and the charge was dismissed on that basis. more or view all topics or full text. | 28 | 256 | 09/17/04 |
| 1564E | Long Beach Community College District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Board reinstated doctrine of equitable tolling. Board held that when a grievance has been filed utilizing a bilaterally agreed upon dispute resolution procedure in an effort to resolve the same dispute which is the subject of the charge, the statute of limitations is tolled during the period of time the grievance is being pursued if: (1) the charging party reasonably and in good faith pursues the grievance; and (2) tolling did not frustrate the purpose of the statutory limitation period by causing surprise or prejudice to the respondent. Section 3541.5(a) only addresses grievance machinery that ends in binding arbitration. Board believes that parties to a negotiated grievance procedure, even one that does not end in binding arbitration, should be encouraged to utilize the procedure to settle disputes at the most informal level. more or view all topics or full text. | 28 | 27 | 12/08/03 |
| 1462E | Peralta Community College District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Where charging party filed grievance which made reference to wrong section of collective bargaining agreement, statute of limitations period was not tolled while charging party utilized grievance procedure because employer was not put on notice of complained of conduct. more or view all topics or full text. | 26 | 33000 | 09/20/01 |
| 1372S | Union of American Physicians and Dentists (Schuman) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling PERB does not recognizes the doctrine of "equitable tolling," under which a charging party will not be precluded from proceeding on an untimely charge if he or she has pursued an alternative legal remedy in good faith. more or view all topics or full text. | 24 | 31056 | 02/17/00 |
| 1389E | Santa Monica-Malibu Unified School District (Bradley) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling PERB does not recognizes the doctrine of "equitable tolling," under which a charging party will not be precluded from proceeding on an untimely charge if he or she has pursued an alternative legal remedy in good faith. Although charging party was arguably entitled to tolling under Government Code section 3541.5(a)(2), during which limitations period is tolled during time it took charging party to exhaust any contractual grievance machinery, grievance was terminated in January 1996 when charging party and his exclusive representative failed to pursue the grievance to binding arbitration and hence the charge, even with tolling, is untimely filed. Tolling is not appropriate unless the issue in the unfair practice charge was also raised in the grievance. more or view all topics or full text. | 24 | 31108 | 05/31/00 |
| 1461E | Sacramento City Unified School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The limitations period is tolled during the time it takes the charging party to exhaust any contractual grievance machinery through settlement or binding arbitration. The statute is tolled once a grievance is filed, but only to the conduct contained in the grievance. The statute begins to run again once the grievance process is completed; p. 7, warning letter. more or view all topics or full text. | 25 | 32111 | 09/18/01 |
| 1269E | United Faculty Association of North Orange County Community College District (Kiszley) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling EERA section 3541.5(a)(2) the statute of limitations period may be tolled during the time it took the charging party to exhaust the grievance machinery, does not provide for tolling grievances filed against the employer when the charge is against the union; p. 1, dismissal letter. more or view all topics or full text. | 22 | 29109 | 06/18/98 |
| 1363E | Coachella Valley Unified School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Even accepting charging party's attempts to use the State Mediation Service and Action Dispute Resolution Services as part of the grievance procedure, more than six months had elapsed between the exhaustion of the grievance machinery and the filing of the charge in 1999; p. 5, warning letter. more or view all topics or full text. | 24 | 31025 | 12/10/99 |
| 1352E | American Federation of Teachers, et al. (Kok) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Grievance filed against the employer does not toll the statute with regard to claim against union. Filing of previous charges and claims with PERB and the courts do not toll the statute of limitations. PERB has found that the EERA only permits tolling by the filing of a grievance under a contract procedure that ends in binding arbitration. (San Dieguito Union High School District (1982) PERB Decision No. 194. There is no equitable tolling in PERB proceedings. (San Diego Unified School District (1992) PERB Decision 885.) more or view all topics or full text. | 23 | 30172 | 09/29/99 |
| 1342E | North Orange County Community College District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling No tolling where charging party was unable to find counsel or took time to confirm that the arbitrator's opinion was repugnant to EERA. more or view all topics or full text. | 23 | 30152 | 08/19/99 |
| 1329S | State of California (Department of Corrections) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling No tolling where contract containing binding arbitration has expired. more or view all topics or full text. | 23 | 30116 | 05/03/99 |
| A122S | State of California, Department of Water Resources (State Employees Trades Council)/State of California, Department of Developmental Services (Matta) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Statute of limitations may be tolled under principles of equitable tolling during period while employee exhausts remedies with the State Personnel Board or through a grievance procedure, whether or not negotiated. (NOTE: Equitable tolling rejected in University of California (1990) PERB Decision No. 826-H.) more or view all topics or full text. | 6 | 13022 | 12/29/81 |
| 1268E | North Orange County Community College District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Under EERA section 3541.5(a)(2) the statute of limitations period may be tolled during the time it took the charging party to exhaust the grievance machinery. However tolling does not apply if the District did not have notice through the grievance that charging party was alleging the District discriminated against her for her participation in activities protected under EERA; pp. 2 & 3, dismissal letter; pp. 2 & 3, warning letter. more or view all topics or full text. | 22 | 29107 | 06/18/98 |
| 1256E | Val Verde Unified School District (Twyman) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Lack of knowledge about PERB and the laws it enforces does not toll the six months limitations period; p. 3, warning letter. more or view all topics or full text. | 22 | 29068 | 03/24/98 |
| 1257E | Val Verde Teachers Association, CTA/NEA (Twyman) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Lack of knowledge about PERB and the laws it enforces does not toll the six months limitations period. A letter of dissatisfaction from the charging party to the union during the six months preceding the filing of the charge does not change the result; p. 3, warning letter. more or view all topics or full text. | 22 | 29069 | 03/24/98 |
| 1173H | American Federation of State, County and Municipal Employees (Shek) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Charging party's prosecution of a civil suit involving the same claim alleged in the unfair practice charge does not toll the six month time period; p. 2, dismissal letter. more or view all topics or full text. | 21 | 28005 | 10/31/96 |
| 1161E | Santa Rosa Junior College (Aune) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Time between the event and filing of the grievance as well as time after completion of the grievance counts toward the 6 month statute of limitations; p. 3, warning letter. more or view all topics or full text. | 20 | 27114 | 06/26/96 |
| 1094H | California State University (Academic Professionals of California) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Under HEERA the six month statute of limitations is not tolled by the pursuit of a grievance concerning the same dispute; p. 3, dismissal letter. more or view all topics or full text. | 19 | 26080 | 04/06/95 |
| 0894E | Los Angeles Unified School District (Mego) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Statutory tolling is proper only if the agreement provides for binding arbitration and only during the time that it takes to exhaust the grievance machinery; p. 4, fn. 2, dismissal letter. more or view all topics or full text. | 15 | 22125 | 07/29/91 |
| 0885E | San Diego Unified School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Statutory tolling does not apply where no binding arbitration charges cannot be equitably tolled. more or view all topics or full text. | 15 | 22103 | 06/14/91 |
| 0858H | Regents of the University of California (Smith) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The six-month statute of limitations is not tolled under HEERA by the pursuit of a grievance concerning the same dispute; pp. 1-2, warning letter. HEERA does not provide for tolling of statute of limitations during the period that a grievance is pursued; p. 1. dismissal letter. more or view all topics or full text. | 15 | 22011 | 12/17/90 |
| 0826H | Regents of the University of California (University of California-American Federation of Teachers) * * * OVERRULED by Long Beach Community College District (2003) PERB Decision No. 1564 and Los Angeles Unified School District (2014) PERB Decision No. 2359 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling * * * OVERRULED by Long Beach Community College District (2003) PERB Decision No. 1564 and Los Angeles Unified School District (2014) PERB Decision No. 2359, where the Board held that the statute of limitations is not jurisdictional, but is an affirmative defense. The burden of proof that equitable tolling does not apply is with the respondent. * * *The doctrine of equitable tolling did not survive CSU, San Diego (1989) PERB Decision No. 718-H as the limitations period is not an affirmative defense and is non-waivable. The six-month statute of limitations now becomes a part of the charging party's burden of proof as part of the prima facie case. more or view all topics or full text. | 14 | 21142 | 07/03/90 |
| 0812S | State of California (Secretary of State) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Running of the statutory requirement that a claim must be filed within six months of the unfair practice was tolled under the statute while the charging party pursued her remedies under the grievance procedure of the contract. Running of the statute recommenced when CSEA notified the charging party of its final decision not to pursue the claim to binding arbitration. Survival of the doctrine of equitable tolling, in light of CSU (San Diego) (1989) PERB Decision No. 718-H, was not discussed because Chen's claim was untimely even if the statute was tolled on equitable principles (i.e., that she was preparing to file a grievance). (No equittable tolling pursuant to UC (UC-AFT) (1990) PERB Decision No. 826-H.) more or view all topics or full text. | 14 | 21115 | 06/07/90 |
| 0762S | State of California (Department of Health Services) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Activities before the SPB do not toll limitations period because they were not reasonable good faith efforts to remedy discrimination based on union activity, as this subject was not asserted before the SPB; warning letter, p. 5. more or view all topics or full text. | 13 | 20192 | 09/13/89 |
| 0735H | University of California Los Angeles Labor Relations Division (Napier’s Employment Security Agency) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling A charge, filed outside the six month limitation, will not be equitably tolled where established grievance procedure not invoked; p. 4, regional attorney letter. more or view all topics or full text. | 13 | 20095 | 05/04/89 |
| 0693H | California Faculty Association (Hale, et al.) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling No equitable tolling in DFR case where injured party wrote letters and requested an investigation by the union because the union is not a judicial body or tribunal. more or view all topics or full text. | 12 | 19136 | 07/26/88 |
| 0683S | American Federation of State, County and Municipal Employees, Local 2620 (Moore) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling In DFR case, statute is tolled only when charging party pursues alternative dispute resolution procedure that puts union on notice of charging party's complaint against the union. more or view all topics or full text. | 12 | 19105 | 06/20/88 |
| 0607H | California State University, Hayward 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Six month statute for filing may be tolled by filing of grievances; p. 18. *[Note: But see CSU, San Diego, PERB No. 718-H, p. 14, overruling any holding that six month time limitations expressed in EERA, HEERA and Dills are non-jurisdictional.] more or view all topics or full text. | 11 | 18026 | 01/02/87 |
| 0570E | Victor Valley Community College District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Equitable tolling during grievance procedure. more or view all topics or full text. | 10 | 17091 | 05/02/86 |
| 0563E | Lake Elsinore School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Charge not untimely where union filed within 6 months of discovery of practice. more or view all topics or full text. | 10 | 17062 | 02/24/86 |
| 0548E | Oakdale Union Elementary School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Equitable tolling inappropriate where C/P did not pursue alternative remedy which put respondent on notice of essence of unfair practice charge. more or view all topics or full text. | 10 | 17023 | 12/16/85 |
| 0526E | Los Angeles Unified School District (Glass) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Facts do not meet two part San Dieguito test - District was not on notice of charge and, therefore, evidence lost. Grievance processed related to an entirely different issue. more or view all topics or full text. | 9 | 16218 | 09/30/85 |
| 0497H | California State Employees Association (Calloway) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Charge untimely even if equitable tolling principles applied. more or view all topics or full text. | 9 | 16101 | 03/14/85 |
| 0443E | Saugus Union School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The six-month period of limitations will not be tolled during a one-year period when the complainant made frequent requests that the employer cure her salary complaint but failed a grievance or pursue other legal remedies. more or view all topics or full text. | 9 | 16007 | 11/29/84 |
| 0400E | California School Employees Association-Chapter 507 (Spiegelman) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling No equitable tolling where charging party efforts to resolve his case did not rise to status of alternative legal remedies; p. 3, dismissal letter. more or view all topics or full text. | 8 | 15153 | 08/23/84 |
| 0353H | Regents of the University of California 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Equitable Tolling. Employee organizations efforts to upgrade gardener B classification in response to employers upgrade of gardener A to B does not put employer on notice to preserve evidence, hence does not toll statute of limitations on employers action with regard to gardener A. Tolling not obtained with cause of action is different. Pursuit of reclassification of gardener B is different that complaint of unilateral change is classificaiton of gardener A. But see UC-AFT Decision No. 826-H more or view all topics or full text. | 7 | 14280 | 10/27/83 |
| 0350E | Poway Unified School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Tolling occurs only where contract provides for binding arbitration. Argument of equitable tolling rejected where grievance limited to question of adequacy of notice, and not to underlying alleged unilateral change of sick leave policy. Equitable tolling overruled by UC-AFT Decision No. 826-H. more or view all topics or full text. | 7 | 14269 | 10/12/83 |
| 0311E | Los Angeles Unified School District (Siamis) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Charging party preparatory efforts to the actual filing of a grievance, including investigation, discovery, planning and preparation of documents toll the statute of limitations under section 3541.5(a); pp. 4-5. more or view all topics or full text. | 7 | 14157 | 05/20/83 |
| 0273E | Victor Valley Joint Union High School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling Board applied principal of equitable tolling to toll 6-month statute of limitations where parties pursued grievance through a non-negotiated grievance procedure; p. 2. Equitable tolling applies where District not suprised or prejudiced by the tolling; p. 5. Where grievance and unfair practice charge arose from the same circumstances and the evidence requirements for the defense of the grievance and unfair practice charge are similar, doctrine of equitable tolling applies as District not surprised or prejudiced by the tolling; p. 6. But see Dec. Nos. 718-H and 826-H. more or view all topics or full text. | 7 | 14030 | 12/29/82 |
| 0269S | State of California (Department of Health Services) 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The running of the six-month period set forth in Dills Act section 3514.5 is tolled during the time complainant was pursuing grievance machinery provided by agreement between the parties and which culminates in settlement or binding arbitration; pp. 3-4. Doctrine of equitable tolling provides that the statute of limitations will not bar a claim where (1) injured person has several legal remedies and reasonably and in good faith pursues one; and (2) the defendant is protected from surprise and prejudice; p. 4. Board will not apply doctrine of equitable tolling to Charging Party's pursuit of claim against employer through her local legislators and the "Labor Board"; pp. 4-5. But see 718-H and 826-H. more or view all topics or full text. | 7 | 14023 | 12/22/82 |
| 0194E | San Dieguito Union High School District 1101.06000: CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE; Statutory and Equitable Tolling The statute of limitations period does not invariably run without interruption and terminate at the end of six months. The concept of "tolling" suspends running of the statute; p. 11. Statutory tolling under EERA suspends running of the statute only if the dispute is being entertained via grievance procedure ending in binding arbitration; p. 12. Equitable tolling suspends running of the statute only if: (1) tolling in the particular case will not frustrate purpose underlying statute of limitations - prevent surprises through revival of stale claims etc., (2) the responding party is not prejudiced - injured party has several legal remedies & reasonably and in good faith pursues one; pp. 12-13. The alternative chosen must constitute a practical effort several legal remedies & reasonably and in good faith pursues one; pp. 12-13. The alternative chosen must constitute a practical effort more or view all topics or full text. | 6 | 13062 | 02/25/82 |