CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – In General
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1101.01000 – In General
In a duty of fair representation case, the statute of limitations begins to run when the charging party knew or should have known that further assistance from the union was unlikely. The charge was filed August 10, 2004. Chen should have known well before February 10, 6 months before the charge was filed, that CSEA was not pursuing her grievance. CSEA drafted the grievance on December 9. CSEA failed to respond to her December 12 letter inquiry and telephone messages the week of January 12. Therefore, the charge was untimely filed.