Decision 1974H – American Federation of State, County and Municipal Employees (Owens)

SF-CO-162-H

Decision Date: August 29, 2008

Decision Type: PERB Decision

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Perc Vol: 32
Perc Index: 135

Decision Headnotes

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

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. Here, the ALJ credited AFSCME’s representatives’ testimony over charging party’s in regards to when charging party received notice that AFSCME did not intend to pursue her grievance further. AFSCME informed charging party that it would not pursue her grievance at the latest on January 16. The statute began to run in January 2006 and expired in July 2006. Charging party did not file the present charge until August 25, 2006.

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

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. Here, the ALJ credited AFSCME’s representatives’ testimony over charging party’s in regards to when charging party received notice that AFSCME did not intend to pursue her grievance further. AFSCME informed charging party that it would not pursue her grievance at the latest on January 16. The statute began to run in January 2006 and expired in July 2006. Charging party did not file the present charge until August 25, 2006.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Charging party failed to comply with PERB Regulation 32635. She failed to demonstrate good cause for the presentation of new evidence on appeal and nothing in the document filed related to the appeal or indicated good cause.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions

The Board grants great deference to ALJ's credibility determinations and absent evidence to overturn such determinations defers to the ALJ's findings. Here, the ALJ credited AFSCME’s representatives’ testimony over charging party’s in regards to when charging party received notice that AFSCME did not intend to pursue her grievance further. AFSCME informed charging party that it would not pursue her grievance at the latest on January 16. The statute began to run in January 2006 and expired in July 2006. Charging party did not file the present charge until August 25, 2006.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.18000 – Review of Findings Not Excepted To

The Board did not address those allegations that were not excepted to because charging party did not except to that portion of the ALJ’s proposed decision.