CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Computation of Six-Month Period
Single Topic for Decision 2036M
Full Decision Text (click on the link to view): Full Text
1101.03000 – Computation of Six-Month Period
While an employer’s official notice to the union is a factor in determining whether the employer made an unlawful unilateral change, such notice is not required in determining whether the charge was filed within the statute of limitations; rather the question is whether the union had or should have had knowledge. Union had knowledge of handbook provisions and memoranda reflecting City’s long-established policies and practices regarding firefighter duties and driver’s license requirements for many years prior to filing charge. Equitable tolling does not apply to participation in non-contractual disciplinary appeals, such as Skelly hearings, which are not bilaterally agreed upon dispute resolution procedures.