Decision 1488E – Service Employees International Union, Local 790 (Rax)
Decision Date: July 8, 2002
Decision Type: PERB Decision
Description: Rax filed a charge alleging that SEIU, Local 790 failed to file a grievance regarding his termination. The board agent dismissed the charge because it was untimely and failed to state a prima facie case.
Disposition: The Board affirmed the dismissal of Rax’s charge solely on the basis that it was untimely filed.
Perc Vol: 26
Perc Index: 33099
1101.01000 – In General
The Board adopted the portion of the Board agent’s dismissal that dismisses the charge as untimely based on the charging party’s knowlwdge that he knew of the grievance time limit in May 2000 and SEIU’s failure to file a grievance but didn’t file a charge until April 2001.
1107.17000 – Advisory Opinions
When a charge is determined to be untimely, Board finds unnecessary to determine whether the allegations in the charge state a prima facie case.