Decision 0382E – El Dorado Union High School District * * * OVERRULED IN PART by County of San Diego (2020) PERB Decision No. 2721-M

* * * OVERRULED IN PART by County of San Diego (2020) PERB Decision No. 2721-M, where the Board held that for interference or discrimination charges challenging an employer policy or rule, the charging party need not prove the respondent engaged in a new wrongful act within the limitations period to establish a continuing violation. * * *
Board dismissed charge filed outside limitations period, rejecting ALJ’s finding of continuing violation. Where underlying theory of charge is alleged unilateral change occurring outside limitations period, employer must engage in conduct during the limitations period such as reimplementation or subsequent refusal to negotiate to revive viability of unfair practice. Here, District did not reimplement or independently refuse to negotiate during the limitations period; p. 6.