Decision 1867H – State Employees Trades Council-United (Chemello)

SA-CO-109-H

Decision Date: December 14, 2006

Decision Type: PERB Decision

Description: The charging party alleged that his union failed to represent him and discriminated against him during layoff proceedings and did not adequately help him to get re-hired.

Disposition: Dismissal upheld as all of his allegations related to matters beyond the statute of limitations period.

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Perc Vol: 31
Perc Index: 25

Decision Headnotes

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

The union did not owe charging party a duty of fair representation after he was laid off.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Charges related to improper unit placement of a position classification appropriately dismissed as individual employees lack standing to challenge unit configuration.

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

Charging party alleged violation of the union’s duty of fair representation beyond the statute of limitations period.