CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – Computation of Six-Month Period
Single Topic for Decision 2194E
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1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period
1101.03000 – Computation of Six-Month Period
Six-month statute of limitations did not begin to run when charging party filed grievance on his own, but instead began to run when charging party notified employer that he no longer sought union’s assistance in processing grievance and would proceed to mediation on his own. On that date, charging party knew or should have known that assistance from the union was unlikely. Furthermore, charging party knew or should have known that further assistance was unlikely when union informed him it would not take his case to arbitration. Charge filed within six months of either date was timely.