Decision 1553S – California State Employees Association, Service Employees International Union Local 1000, AFL-CIO, Central Labor Councils (Sutton)

LA-CO-105-S

Decision Date: October 21, 2003

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 8

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.01000 – In General; Prima Facie Case

Statute of limitations for a charge alleging breach of the duty of fair representation is six months and is triggered on the date the employee, in the exercise of reasonable diligence, knew or should have known that further assistance from the union was unlikely. Charging party’s repeated requests for representation, in the face of steadfast refusals from the union, do not begin the limitations period anew.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

Statute of limitations for a charge alleging breach of the duty of fair representation is six months and is triggered on the date the employee, in the exercise of reasonable diligence, knew or should have known that further assistance from the union was unlikely. Charging party’s repeated requests for representation, in the face of steadfast refusals from the union, do not begin the limitations period anew.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

Statute of limitations for a charge alleging breach of the duty of fair representation is six months and is triggered on the date the employee, in the exercise of reasonable diligence, knew or should have known that further assistance from the union was unlikely. Charging party’s repeated requests for representation, in the face of steadfast refusals from the union, do not begin the limitations period anew.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.04000 – Continuing Violation

Statute of limitations for a charge alleging breach of the duty of fair representation is six months and is triggered on the date the employee, in the exercise of reasonable diligence, knew or should have known that further assistance from the union was unlikely. Charging party’s repeated requests for representation, in the face of steadfast refusals from the union, do not begin the limitations period anew.