Decision 1306E – Service Employees International Union, Local 99 (Cooke)

The statute of limitations begins to run on the date the employee, acting with reasonable diligence, knew or should have known that further assistance or response from the union was unlikely; p. 3, warning letter. Repeated union refusals to process a grievance over a recurring issue does not start the statute of limitations period anew; p. 4, warning letter.

A union's duty of fair representation is limited to contractually based remedies under the union's exclusive control; p. 4, warning letter. The union is not obligated to represent its bargaining unit members in a forum where employees can represent themselves and are entitled to a hearing pursuant to district regulations, rather than through a collective bargaining agreement. Thus, refusing to assist charging party in this forum is not a violation of the EERA; p. 4, warning letter.