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

Single Topic for Decision 2208E

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The mere fact that union attempted to resolve employee’s concerns through an informal process rather than through the formal grievance process does not establish a violation of the duty of fair representation. Accordingly, employee’s discovery that union pursued informal resolution does not preserve timeliness of claim. Instead, statute of limitations began to run when charging party knew or should have known that assistance from the union was not forthcoming.