Decision 2192M – International Federation of Professional and Technical Employees, Local 21, AFL-CIO (Hosny)
SF-CO-224-M
Decision Date: July 27, 2011
Decision Type: PERB Decision
Description: The charge alleged that IFPTE Local 21 breached its duty of fair representation by failing to satisfactorily resolve an employment discrimination claim and failing to take a grievance to arbitration.
Disposition: The Board upheld the dismissal of the charge on the ground that it was not timely filed, finding that the employee waited over one and one-half years after the union informed him that it would not take his case to arbitration before filing a charge.
Perc Vol: 36
Perc Index: 18
Decision Headnotes
1101.01000 – In General
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 assistance from the union was unlikely. An employee’s continued attempts to obtain assistance from the union does not extend the statute of limitations. Where employee received no communication from union for over a year, charge was not timely filed. In addition, charge filed over one and one-half years after union informed employee that it would not take his appeal to arbitration was not timely.
1101.03000 – Computation of Six-Month Period
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 assistance from the union was unlikely. An employee’s continued attempts to obtain assistance from the union does not extend the statute of limitations. Where employee received no communication from union for over a year, charge was not timely filed. In addition, charge filed over one and one-half years after union informed employee that it would not take his appeal to arbitration was not timely.