Decision 2202M – Service Employees International Union, Local 1021 (Crandell)

SF-CO-202-M

Decision Date: September 15, 2011

Decision Type: PERB Decision

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Perc Vol: 36
Perc Index: 45

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.02000 – Grievance Handling/Contract Administration

Charge failed to establish prima facie violation of duty of fair representation based upon failure to pursue grievance or take grievance to arbitration; charge failed to allege facts showing decision not to file grievance was arbitrary, discriminatory or lacking in good faith, or that it was without a rational basis and devoid of honest judgment where charging party pursued grievance without the union’s assistance.

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

The six-month limitations period in cases alleging a breach of the duty of fair representation 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; charging party knew or should have known that further assistance was unlikely when union chose not to assist in the filing of the grievance.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

The six-month limitations period in cases alleging a breach of the duty of fair representation 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; charging party knew or should have known that further assistance was unlikely when union chose not to assist in the filing of the grievance.