CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – In General
Single Topic for Decision 2059E
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1101.01000 – In General
The timeliness of a charge is an element of the charging party’s prima facie case and, thus, the burden of proof to show that the charge was timely filed is on the charging party. The statute of limitations under EERA may be tolled during the period of time the parties are utilizing a non-binding dispute resolution procedure if: (l) the procedure is contained in a written agreement negotiated by the parties; (2) the procedure is being used to resolve the same dispute that is the subject of the unfair practice charge; (3) the charging party reasonably and in good faith pursues the procedure; and (4) tolling does not frustrate the purpose of the statutory limitation period by causing surprise or prejudice to the respondent. This tolling mechanism, sometimes referred to as equitable tolling, does not apply when the parties’ grievance procedure ends in binding arbitration and the statutory tolling provisions set forth in EERA section 3541.5(a)(2) apply.