Decision 2025M – Service Employees International Union, United Healthcare Workers West (Rivera)

SF-CO-178-M

Decision Date: May 15, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 95

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

Under PERB Regulation 32635(b), the Board may not consider new allegations or supporting evidence raised for the first time on appeal unless the charging party establishes good cause. No good cause to consider new allegations raised on appeal when the information underlying the allegations could have been obtained through reasonable diligence prior to the Board agent’s dismissal of the charge.

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. Repeated union refusals to assist a unit member with the same issue do not start the limitations period anew. Charge untimely when filed more than eight months after union representative told charging party she could do nothing more regarding his termination. Union’s subsequent denials of assistance on that issue did not start limitations period anew.

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. Repeated union refusals to assist a unit member with the same issue do not start the limitations period anew. Charge untimely when filed more than eight months after union representative told charging party she could do nothing more regarding his termination. Union’s subsequent denials of assistance on that issue did not start limitations period anew.