Decision 2189E – Alvord Educator's Association (Bussman)
Decision Date: June 29, 2011
Decision Type: PERB Decision
Description: The Board affirmed the dismissal of an unfair practice charge in which the charging party alleged the Association violated EERA when it failed to represent him, retaliated against him, and defamed him.
Disposition: The Board held the charge was not timely filed. In addition, the Board held the duty of fair representation does not apply to extra-contractual forums. Therefore, the Association did not breach its duty of fair representation by failing to respond to the charging party’s requests to represent him in litigation against the District over perceived violations of the California Education Code.
Perc Vol: 36
Perc Index: 13
1109.02000 – Statute of Limitations
In cases alleging a breach of the duty of fair representation, the six-month statutory limitations period begins to run on the date when the charging party, in the exercise of reasonable diligence, knew or should have known that further aid from the union was unlikely. Repeated union refusals to process a grievance over a recurring issue do not start the limitations period anew.