Decision 1173H – American Federation of State, County and Municipal Employees (Shek)
SF-CO-46-H
Decision Date: October 31, 1996
Decision Type: PERB Decision
Description: Employee appealed dismissal of his charge that union did not fairly represent him.
Disposition: Dismissed. Employee did not establish that union breached its duty of fair representation.
Perc Vol: 21
Perc Index: 28005
Decision Headnotes
1101.06000 – Statutory and Equitable Tolling
Charging party's prosecution of a civil suit involving the same claim alleged in the unfair practice charge does not toll the six month time period; p. 2, dismissal letter.
1101.01000 – In General
Six month period commences when charging party knew or should have known of the conduct giving rise to the allege unfair practice; p. 6, warning letter. Charging party's attempt to work with union after it refuses to arbitrate claim does not extend the date of discovery. Charging party's prosecution of a civil suit involving the same claim alleged in the unfair practice charge does not toll the six month time period; p. 2, dismissal letter.
1101.03000 – Computation of Six-Month Period
Six month period commences when charging party knew or should have known of the conduct giving rise to the alleged unfair practice; p. 6, warning letter. Charging party's attempt to work with union after it refuses to arbitrate claim does not extend the date of discovery. Charging party's prosecution of a civil suit involving the same claim alleged in the unfair practice charge does not toll the six month time period; p. 2, dismissal letter.