Decision 1173H – American Federation of State, County and Municipal Employees (Shek)

SF-CO-46-H

Decision Date: October 31, 1996

Decision Type: PERB Decision

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Perc Vol: 21
Perc Index: 28005

Decision Headnotes

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

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

Six month period commences when charging party knew or should have known of the conduct giving rise to the allege unfair practice; p. 6, warning letter. Charging party's attempt to work with union after it refuses to arbitrate claim does not extend the date of discovery. 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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

Six month period commences when charging party knew or should have known of the conduct giving rise to the alleged unfair practice; p. 6, warning letter. Charging party's attempt to work with union after it refuses to arbitrate claim does not extend the date of discovery. 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.