Decision 1940M – Stationary Engineers Local 39 (Fisher)

SF-CO-158-M

Decision Date: January 18, 2008

Decision Type: PERB Decision

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Perc Vol: 32
Perc Index: 36

Decision Headnotes

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

In cases alleging a breach of the duty of fair representation, the six-month statutory limitations period begins to run on the date when the charging party, in the exercise of reasonable diligence, knew or should have known that further assistance from the union was unlikely. Charging party knew or should have known more than two months outside the statutory limitations period that further assistance from the Association was unlikely. Accordingly, the charge was untimely filed.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.06000 – Other

In cases alleging a breach of the duty of fair representation, the six-month statutory limitations period begins to run on the date when the charging party, in the exercise of reasonable diligence, knew or should have known that further assistance from the union was unlikely. Charging party knew or should have known more than two months outside the statutory limitations period that further assistance from the Association was unlikely. Accordingly, the charge was untimely filed.

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

PERB is prohibited from issuing a complaint with respect to any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge. In cases alleging a breach of the duty of fair representation, the six-month statutory limitations period begins to run on the date when the charging party, in the exercise of reasonable diligence, knew or should have known that further assistance from the union was unlikely. Charging party knew or should have known more than two months outside the statutory limitations period that further assistance from the Association was unlikely. Accordingly, the charge was untimely filed.

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

PERB is prohibited from issuing a complaint with respect to any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge. In cases alleging a breach of the duty of fair representation, the six-month statutory limitations period begins to run on the date when the charging party, in the exercise of reasonable diligence, knew or should have known that further assistance from the union was unlikely. Charging party knew or should have known more than two months outside the statutory limitations period that further assistance from the Association was unlikely. Accordingly, the charge was untimely filed.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.02000 – Statute of Limitations

PERB is prohibited from issuing a complaint with respect to any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge. Charging party knew or should have known more than two months outside the statutory limitations period that further assistance from the Association was unlikely. Accordingly, the charge was untimely filed.