Decision 1372S – Union of American Physicians and Dentists (Schuman)
LA-CO-86-S
Decision Date: February 17, 2000
Decision Type: PERB Decision
Description: Employee appealed Board agent’s dismissal of charge alleging that union breached its duty of fair representation.
Disposition: Dismissed. Charge untimely filed.
Perc Vol: 24
Perc Index: 31056
Decision Headnotes
800.06000 – Other
Exclusive representative does not have any obligation to notify an employee that a noncontractual remedy exists, and cannot be liable for failing to inform Charging Party of PERB's jurisdiction prior to his filing claim in Small Claims court.
1101.01000 – In General
Charging Party alleged the UAPD unlawfully deducted union dues from March 1994 through June 1998. As this charge was filed in June 1999, more than a year after the last deduction, the charge was untimely under 3514.5(a)(1) and was dismissed.
1101.06000 – Statutory and Equitable Tolling
PERB does not recognizes the doctrine of "equitable tolling," under which a charging party will not be precluded from proceeding on an untimely charge if he or she has pursued an alternative legal remedy in good faith.