Decision 1974H – American Federation of State, County and Municipal Employees (Owens)
SF-CO-162-H
Decision Date: August 29, 2008
Decision Type: PERB Decision
Description: Charging Party alleged that AFSCME violated HEERA by breaching its duty of fair representation.
Disposition: The Board affirmed the ALJ’s dismissal because the unfair practice charge was not timely.
Perc Vol: 32
Perc Index: 135
Decision Headnotes
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.
1101.03000 – 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.
1107.01000 – 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.
1107.02000 – 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.
1107.18000 – 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.