CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Statutory and Equitable Tolling
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1101.06000 – Statutory and Equitable Tolling
The doctrine of equitable tolling as set forth in Long Beach Community College District (2009) PERB Decision No. 2002 applies to cases filed under the MMBA. Pursuant to Long Beach, the six-month limitation period for filing a charge with PERB should only be extended equitably when a party utilizes a bilaterally agreed upon dispute resolution procedure. Equitable tolling did not apply to extend the limitations period for filing an unfair practice charge with PERB under the MMBA where charging party failed to allege facts showing that his grievance was being pursued under a bilaterally agreed upon dispute resolution procedure, and instead alleged that the parties had no such dispute resolution procedure.