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

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Perc Vol: 36
Perc Index: 18

Decision Headnotes

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.