Decision 2175H – California State University Employees Union, Service Employees International Union Local 2579 (Kyrias)
Decision Date: March 25, 2011
Decision Type: PERB Decision
Description: The charge alleged that CSUEU breached its duty of fair representation, retaliated against Kyrias, and interfered with her rights when it failed to file a timely request for arbitration of Kyrias’ grievance.
Disposition: The Board affirmed the Board agent’s dismissal of the charge. The Board found the charge untimely because Kyrias knew more than six months before the charge was filed that CSUEU had failed to file a timely arbitration request.
Perc Vol: 35
Perc Index: 68
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.
1101.01000 – 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.