Decision 2483S – Service Employees International Union, Local 1000


Decision Date: June 16, 2016

Decision Type: PERB Decision (Non-Precedential)

Description: Charging party appealed from dismissal of his unfair practice charge which alleged that an exclusive representative of a bargaining unit of State employees had violated charging party’s right to fair representation under the Dills Act.  According to the amended charge, the allegations that formed the basis of the alleged violation occurred more than 21 months before the charge was filed.

Disposition: The Board affirmed the dismissal in a non-precedential decision.  The six-month statute of limitations runs from discovery of the conduct alleged to constitute an unfair practice, not from discovery of the legal significance of that conduct.  The contents of the charge and the appeal demonstrate that the charging party was aware of all the relevant facts when they occurred, but that he filed no charge against his representative based on these facts until approximately 21 months later, well after the six-month limitations period had expired.

Perc Vol: 41
Perc Index: 1

Decision Headnotes

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