Decision 2056M – Teamsters Locals 78 and 853 (Hinek)
SF-CO-173-M
Decision Date: August 26, 2009
Decision Type: PERB Decision
Description: Charging party alleged that the Teamsters Locals 58 and 853 violated MMBA by breaching the duty of fair representation.
Disposition: The Board affirmed the dismissal of the unfair practice charge because it was not timely filed.
Perc Vol: 33
Perc Index: 154
Decision Headnotes
1101.01000 – In General
Charge filed at least eight months after union informed employee that it would not process his grievance was untimely and properly dismissed. Employee’s continued attempts to obtain assistance by contacting the Teamsters International and union’s attorney did not extend the limitations period. The alleged failure of a representative of the International to set up a conference call as promised did not start the limitations period anew, as charging party was already on clear notice that the union had made a firm decision not to process his grievance.
1101.03000 – Computation of Six-Month Period
Charge filed at least eight months after union informed employee that it would not process his grievance was untimely and properly dismissed. Employee’s continued attempts to obtain assistance by contacting the Teamsters International and union’s attorney did not extend the limitations period. The alleged failure of a representative of the International to set up a conference call as promised did not start the limitations period anew, as charging party was already on clear notice that the union had made a firm decision not to process his grievance.