Decision 0683S – American Federation of State, County and Municipal Employees, Local 2620 (Moore)
SF-CO-12-S
Decision Date: June 20, 1988
Decision Type: PERB Decision
Perc Vol: 12
Perc Index: 19105
Decision Headnotes
800.04000 – Scope of Duty; Internal Union Affairs
Duty does not extend to the pursuit of extra-contractual remedies such as appeals to the SPB. No duty to pursue extra-contractual remedy even though union initially takes the case voluntarily. Duty owed to client by union representative is not one of attorney to client, nor does union rep necessarily violate DFR by failing to perform at the level of a competent attorney. Inquiry in DFR is whether Association had a rational, non-arbitrary, good faith basis for decision, not whether it was correct.
1101.06000 – Statutory and Equitable Tolling
In DFR case, statute is tolled only when charging party pursues alternative dispute resolution procedure that puts union on notice of charging party's complaint against the union.
1101.03000 – Computation of Six-Month Period
If final filing date falls on a Saturday, charge is timely if filed on the next working day.