CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Continuing Violation
Single Topic for Decision 1553S
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1101.04000 – Continuing Violation
Statute of limitations for a charge alleging breach of the duty of fair representation is six months and is triggered on the date the employee, in the exercise of reasonable diligence, knew or should have known that further assistance from the union was unlikely. Charging party’s repeated requests for representation, in the face of steadfast refusals from the union, do not begin the limitations period anew.