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Statute of limitations for filing the violation of its duty of fair representation charge commences on the day member complained to union

Statute of limitations for filing the violation of its duty of fair representation charge commences on the day member complained to union
Levi Mcintyre And Middle Island Administrators Association, PERB U-27349

The Public Employment Relations Board affirmed the decision of its ALJ that dismissed as untimely, a duty of fair representation charge filed by Levi McIntyre.

The duty of fair representation charge alleged that the employee organization had violated the Act by agreeing to a new 12-step salary schedule and placing him at the top of the schedule.

In affirming the ALJ?s ruling, the Board found that the alleged violation of the Act accrued on or before the date McIntyre sent a letter to the president of the employee organization complaining of the salary disparities resulting from the new step schedule. McIntyre's charge was filed well beyond the four-month filing period following his letter.

Full post as published by New York Public Personnel Law on March 20, 2009 (boomark / email).