Decision 1790S – Stationary Engineers Local 39 (Quigley)
Decision Date: December 21, 2005
Decision Type: PERB Decision
Description: Charge alleged that the Stationary Engineers Local 39 violated the Ralph C. Dills Act by breaching its duty of fair representation when it failed to file grievances on his behalf and denied his request for representation before the State Personnel Board.
Disposition: The Board dismissed the charge. All allegations, but one were untimely. In regards to the remaining allegation, an exclusive representative does not owe a duty of fair representation to unit members in a forum over which the union does not exclusively control the means to a particular remedy.
Perc Vol: 30
Perc Index: 31
1101.03000 – Computation of Six-Month Period
The limitations period begins to run once the charging party knows, or should have known, of the conduct underlying the charge.
800.04000 – Scope of Duty; Internal Union Affairs
A union does not owe a duty of fair representation to unit members in a forum over which the union does not exclusively control the means to a particular remedy. Thus, refusing to assist charging party in an appeal before the State Personnel Board is not a violation.