Decision 1268E – North Orange County Community College District
LA-CE-3837
Decision Date: June 18, 1998
Decision Type: PERB Decision
Description: Employee appealed dismissal of her unfair practice charge alleging District retaliation against her for participating in protected activities.
Disposition: Dismissed. Employee’s charge was not timely filed.
Perc Vol: 22
Perc Index: 29107
Decision Headnotes
1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.06000 – Statutory and Equitable Tolling
1101.06000 – 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.