Decision 2159E – Charter Oak Unified School District

LA-CE-5251-E

Decision Date: January 27, 2011

Decision Type: PERB Decision

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Perc Vol: 35
Perc Index: 32

Decision Headnotes

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

The statute of limitations begins to run when a charging party discovers the conduct that constitutes the alleged unfair practice, not when a charging party discovers the legal significance of that conduct. Therefore, allegation that charging party received information confirming her suspicions about the employer’s motivation did not render charge timely filed. Similarly, charging party’s lack of knowledge about PERB and the laws it enforces does not toll the six-months limitations period.

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

The statute of limitations begins to run when a charging party discovers the conduct that constitutes the alleged unfair practice, not when a charging party discovers the legal significance of that conduct. Therefore, allegation that charging party received information confirming her suspicions about the employer’s motivation did not render charge timely filed. Similarly, charging party’s lack of knowledge about PERB and the laws it enforces does not toll the six-months limitations period.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.06000 – Statutory and Equitable Tolling

The statute of limitations begins to run when a charging party discovers the conduct that constitutes the alleged unfair practice, not when a charging party discovers the legal significance of that conduct. Therefore, allegation that charging party received information confirming her suspicions about the employer’s motivation did not render charge timely filed. Similarly, charging party’s lack of knowledge about PERB and the laws it enforces does not toll the six-months limitations period.