Decision 2172M – Service Employees International Union-United Healthcare Workers West (Scholink)
SF-CO-221-M
Decision Date: March 1, 2011
Decision Type: PERB Decision
Description: The charge alleged that SEIU breached its duty of fair representation by entering into a letter of agreement with Scholink’s employer that required him to obtain and maintain a particular certification as a condition of continued employment.
Disposition: The Board affirmed the Board agent’s dismissal of the charge. The Board found the charge untimely and rejected Scholink’s claim on appeal that the date alleged in the charge for when he first learned of the agreement was incorrect.
Perc Vol: 35
Perc Index: 60
Decision Headnotes
1100.05000 – Dismissal of Charge; Appeal
The Board affirmed the dismissal of a charge which alleged that the charging party first learned of the alleged violation more than six months before the charge was filed. The Board rejected charging party’s claim on appeal that the discovery date alleged in the original charge was erroneous; charging party could have corrected the alleged mistake in his amended charge but did not do so.
1101.01000 – In General
Charge untimely when filed more than six months after charging party first learned of letter of understanding between his union and employer that would require him to obtain and maintain pediatric registry as a condition of continued employment as a cardiac sonographer. The Board rejected charging party’s claim on appeal that the discovery date alleged in the original charge was erroneous; charging party could have corrected the alleged mistake in his amended charge but did not do so.