CASE PROCESSING PROCEDURES; ISSUES ON APPEAL – Statute of Limitations

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In cases alleging a breach of the duty of fair representation, the six-month statutory limitations period begins to run on the date when the charging party, in the exercise of reasonable diligence, knew or should have known that further assistance from the union was unlikely. In May 2006, charging party was informed that the association would no longer pursue his grievance. The statute of limitations expired on November 2006, yet charging party did not file his charge until May 2007, nearly a year later.