Decision 2165M – American Federation of State, County and Municipal Employees, Council 36
Decision Date: February 25, 2011
Decision Type: PERB Decision
Description: The charging party alleged the Union breached its duty of fair representation when it failed to represent him and failed to investigate his employment issues.
Disposition: The Board affirmed the Board agent’s dismissal of the charge as untimely.
Perc Vol: 35
Perc Index: 51
1100.08000 – Pleading Requirements
Charging party has not provided facts demonstrating when or how the union failed to represent him, failed to investigate his employment status, or prevented charging party from representing himself. Thus, charging party has not met his burden of providing a “clear and concise statement of facts” to demonstrate a violation of the MMBA. Charging party’s conclusory remarks that the union failed to represent him or investigate his employment issues are not sufficient to demonstrate a violation.
1101.01000 – In General
All allegations of wrongdoing by the union occurred outside the six-month statute of limitations and are therefore untimely.