CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – In General
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1101.01000 – In General
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. Repeated union refusals to assist a unit member with the same issue do not start the limitations period anew. Charge untimely when filed more than eight months after union representative told charging party she could do nothing more regarding his termination. Union’s subsequent denials of assistance on that issue did not start limitations period anew.