CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Statutory and Equitable Tolling
Single Topic for Decision 2093H
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1101.06000 – Statutory and Equitable Tolling
The Board extended the doctrine of equitable tolling to cases arising under HEERA in Trustees of the California State University (San Jose) (2009) PERB Decision No. 2032-H. The statute of limitations was equitably tolled as: (1) charging party’s grievance was filed pursuant to a negotiated written agreement; (2) the same incident was at issue in the grievance and the charge; (3) charging party pursued the grievance by attending grievance meetings; and (4) no evidence existed that tolling caused prejudiced.