CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – In General
Single Topic for Decision 2234S
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1101.01000 – In General
Dills Act section 3514.5(a)(1) prohibits PERB from issuing a complaint with respect to any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge. In this case, the employer allegedly refused to bargain over effects of a unilateral change, then allegedly refused to bargain twice more thereafter. The second and third requests to bargain reiterated the first request. The statute of limitations began to run when the charging party learned of the employer’s first refusal to bargain and thus, the employer’s initial refusal to bargain fell outside of the statutory period. In the absence of changed circumstances, subsequent failures to bargain about a prior change do not constitute new violations so as to bring the dispute within the statute of limitations.