Decision 2175H – California State University Employees Union, Service Employees International Union Local 2579 (Kyrias)

SF-CO-172-H

Decision Date: March 25, 2011

Decision Type: PERB Decision

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Perc Vol: 35
Perc Index: 68

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

Pursuant to PERB Regulation 32635(b) “unless good cause is shown, a charging party may not present on appeal new allegations or new supporting evidence.” No good cause to consider new allegations raised on appeal when the alleged events predated the Board agent’s dismissal of the charge.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

Charge alleged that respondent breached its duty of fair representation, retaliated against charging party, and interfered with charging party’s rights by failing to file a timely request to arbitrate charging party’s grievance. The charging party learned more than six months before she filed the charge that the respondent had failed to file the arbitration request. The charge did not allege that respondent’s continued attempts to move charging party’s grievance to arbitration within the limitations period constituted an unfair practice. Therefore, the charge was untimely.