Decision 2056M – Teamsters Locals 78 and 853 (Hinek)

SF-CO-173-M

Decision Date: August 26, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 154

Decision Headnotes

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.