UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION – In General; Prima Facie Case
Single Topic for Decision 1736S
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800.01000 – In General; Prima Facie Case
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. 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.