CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – In General
Single Topic for Decision 1572E
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1101.01000 – In General
In a claim for breach of the duty of fair representation, the statute of limitations is triggered “on the date when the employee, in the exercise of reasonable diligence, knew or should have known that further assistance from the union was unlikely.” In this matter, charging party alleges that the union breached its duty of fair representation by failing to secure her an expedited grievance meeting. The Board finds that charging party knew, or should have known, that further assistance was unlikely on the date that charging party wrote the District requesting such a meeting.