Decision 0194E – San Dieguito Union High School District

LA-CE-479

Decision Date: February 25, 1982

Decision Type: PERB Decision

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Perc Vol: 6
Perc Index: 13062

Decision Headnotes

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.04000 – Continuing Violation

Even if a charge is filed outside the six-month statutory period, it may still be considered timely filed if the alleged violation is a continuing one, if the violation has been revived by subsequent unlawful conduct within the six-month period, or if the limitation period was tolled while the Association was diligently and reasonably pursuing alternative procedures for obtaining relief and other remedies; p. 5. Employer unilateral implementation of a sign-out policy is not a continuing violation each time a teacher is required to sign out. The focus of the inquiry is on the date the employer institutes policy change, not each time it is later enforced; pp. 5-10.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.06000 – 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

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.07000 – Waiver; Estoppel

District is not estopped from asserting statute of limitations defense before PERB simply because it represented to the Superior Court in a related action that the matter should have been filed before PERB; p. 15.

1403.00000 – GENERAL LEGAL PRINCIPLES; ESTOPPEL
1403.02000 – Cause for Estoppel

District is not estopped from asserting statute of limitations defense before PERB simply because it represented to the Superior Court in a related action that the matter should have been filed before PERB; p. 15.