CASE PROCESSING PROCEDURES; ISSUES ON APPEAL – Statute of Limitations
Single Topic for Decision 1933H
Full Decision Text (click on the link to view): Full Text
1109.02000 – Statute of Limitations
A charging party bears the burden of demonstrating that the charge is timely filed. 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. Because the unfair practice charge was filed nearly three years after the MOU was effective, the Board found the Charging Parties’ allegation was not timely filed.