Decision 1968M – Orange County Fire Authority

In a unilateral change case, the limitations period begins to run once the charging party knows, or should have known, of the conduct underlying the charge. The statute of limitations runs from the discovery of the conduct constituting the unfair practice, not from the discovery of the legal significance of the alleged unlawful conduct. Thus, a charging party’s belated discovery of the legal significance of the underlying conduct does not excuse an otherwise untimely filing.

In a unilateral change case, the limitations period begins to run once the charging party knows, or should have known, of the conduct underlying the charge. The statute of limitations runs from the discovery of the conduct constituting the unfair practice, not from the discovery of the legal significance of the alleged unlawful conduct. Thus, a charging party’s belated discovery of the legal significance of the underlying conduct does not excuse an otherwise untimely filing.