Decision 2157E – Rio Teachers Association (Lucas)
LA-CO-1418-E
Decision Date: January 21, 2011
Decision Type: PERB Decision
Description: The charge alleged that the Union breached its duty of fair representation when it failed to provide financial reports for the prior nine years.
Disposition: The Board affirmed the dismissal of the charge as untimely filed.
Perc Vol: 35
Perc Index: 27
Decision Headnotes
800.04000 – Scope of Duty; Internal Union Affairs
A violation of EERA section 3546.5 occurs when a union fails to make available to its members the financial report for the immediately preceding fiscal year. To be timely, a charge alleging a violation of section 3546.5 must be filed within six months of when the charging party knew or should have known that the employee organization failed or refused to provide the requested financial report for the immediately preceding fiscal year. Nothing in EERA section 3546.5 specifies that the union has an obligation to keep or make financial reports available to future members on an ongoing basis.
800.06000 – Other
A violation of EERA section 3546.5 occurs when a union fails to make available to its members the financial report for the immediately preceding fiscal year. To be timely, a charge alleging a violation of section 3546.5 must be filed within six months of when the charging party knew or should have known that the employee organization failed or refused to provide the requested financial report for the immediately preceding fiscal year. Nothing in EERA section 3546.5 specifies that the union has an obligation to keep or make financial reports available to future members on an ongoing basis.
801.01000 – In General
A violation of EERA section 3546.5 occurs when a union fails to make available to its members the financial report for the immediately preceding fiscal year. To be timely, a charge alleging a violation of section 3546.5 must be filed within six months of when the charging party knew or should have known that the employee organization failed or refused to provide the requested financial report for the immediately preceding fiscal year.
801.04000 – Union Rules and Discipline in General; Union Dues and Fees; Fines, Assessments, Etc.
A violation of EERA section 3546.5 occurs when a union fails to make available to its members the financial report for the immediately preceding fiscal year. To be timely, a charge alleging a violation of section 3546.5 must be filed within six months of when the charging party knew or should have known that the employee organization failed or refused to provide the requested financial report for the immediately preceding fiscal year. Nothing in EERA section 3546.5 specifies that the union has an obligation to keep or make financial reports available to future members on an ongoing basis.
1101.01000 – In General
A violation of EERA section 3546.5 occurs when a union fails to make available to its members the financial report for the immediately preceding fiscal year. To be timely, a charge alleging a violation of section 3546.5 must be filed within six months of when the charging party knew or should have known that the employee organization failed or refused to provide the requested financial report for the immediately preceding fiscal year.
1101.03000 – Computation of Six-Month Period
A violation of EERA section 3546.5 occurs when a union fails to make available to its members the financial report for the immediately preceding fiscal year. To be timely, a charge alleging a violation of section 3546.5 must be filed within six months of when the charging party knew or should have known that the employee organization failed or refused to provide the requested financial report for the immediately preceding fiscal year.
1101.04000 – Continuing Violation
Under the continuing violation doctrine, a violation within the statute of limitations period may “revive” an earlier violation of the same type that occurred outside the limitations period. However, the doctrine does not apply where the alleged unlawful conduct outside the limitations period consists of acts that are separate and independent from the timely allegations. In this case, each year in which the union failed to make available the required financial report constituted a separate and independent act. Therefore, a single timely allegation of the failure provide the financial report does not bring the allegations for the prior nine years within the continuing violation doctrine.
1101.06000 – Statutory and Equitable Tolling
A request that the union provide copies of its financial report to its members does not demonstrate that the matter was subject to a grievance procedure. Thus, equitable tolling does not apply.