CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE – In General

Single Topic for Decision 2198M

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The six-month limitations period in cases alleging a breach of the duty of fair representation 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; where charging party was not given a timeframe by which she could expect a response from the union and instead was informed by union that historically the union was slow in processing inclusion requests, charging party had no reason to believe her inclusion request was not being processed until receipt of a letter from her employer in which she was so informed, and therefore her charge was timely.