Decision 1868M – County of Orange
LA-CE-101-M
Decision Date: December 15, 2006
Decision Type: PERB Decision
Perc Vol: 31
Perc Index: 29
Decision Headnotes
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.
1101.04000 – 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.
1107.17000 – Advisory Opinions
The Board does not render advisory opinions or provide declaratory relief.