Decision 1868M – County of Orange

LA-CE-101-M

Decision Date: December 15, 2006

Decision Type: PERB Decision

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Perc Vol: 31
Perc Index: 29

Decision Headnotes

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

The Board has long recognized the continuing violation doctrine. However, a continuing violation will not be found where the employer’s conduct during the limitations period constituted an unfair practice only by its relation to the original offense. In other words, a continuing violation will only be found when the wrongdoer engages in active conduct (i.e., new wrongful act) within the limitations periods that independently constitutes an unfair practice. Thus, in order to invoke the continuing violation doctrine, the offending party must commit a new wrongful act, and this act must be timely challenged by the charging party.

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

The Board has long recognized the continuing violation doctrine. However, a continuing violation will not be found where the employer’s conduct during the limitations period constituted an unfair practice only by its relation to the original offense. In other words, a continuing violation will only be found when the wrongdoer engages in active conduct (i.e., new wrongful act) within the limitations periods that independently constitutes an unfair practice. Thus, in order to invoke the continuing violation doctrine, the offending party must commit a new wrongful act, and this act must be timely challenged by the charging party.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.17000 – Advisory Opinions

The Board does not render advisory opinions or provide declaratory relief.