Decision 2245I – California Media Workers Guild/Communications Workers of America/Local 39521 (Zhang)
LA-CO-4-I
Decision Date: April 6, 2012
Decision Type: PERB Decision
Description: The charge alleged that the California Media Workers Guild/CWA breached its duty of fair representation by rejecting charging party’s request for representation.
Disposition: The Board upheld the dismissal of the charge for untimeliness and failure to state a prima facie violation of the duty of fair representation, concluding that the charge failed to establish that the charge was filed within six months of the date when the charging party knew or should have known that further assistance from the union was unlikely or that the union’s decision not to provide representation was arbitrary, discriminatory or lacking in good faith.
Perc Vol: 36
Perc Index: 148
Decision Headnotes
1101.03000 – Computation of Six-Month Period
In cases involving the duty of fair representation, the six-month limitations period begins to run when the charging party, in the exercise of reasonable diligence, knew or should have known that further assistance from the union was unlikely; once the statute begins to run, the charging party cannot cause it to begin anew by making the same request over and over again; repeated refusals by a union to provide assistance also do not start the statute of limitations from running anew; nor does a charging party’s complaint to a higher-level union official extend the limitations period; where charge filed in February 2011 alleged that charging party contacted the union for assistance between September 2007 and January 2010, that charging party knew or should have known that further assistance was unlikely at the latest when she received a letter from the union in May 2008 informing her that her right to challenge the union’s decision not to represent her was at a local membership meeting, and that the union consistently declined to represent her, the charge failed to establish that it was timely filed.