Decision 1940M – Stationary Engineers Local 39 (Fisher)
SF-CO-158-M
Decision Date: January 18, 2008
Decision Type: PERB Decision
Perc Vol: 32
Perc Index: 36
Decision Headnotes
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.
800.06000 – 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.
1101.01000 – 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.
1101.03000 – 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.
1109.02000 – 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.