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Duty of fair representation

Duty of fair representation
Runfola and Local 2028, 32 PERB 3028

Peter Runfola filed charges claiming that the Local 2028, International Longshoreman?s Association breached its duty of fair representation when it negotiated a contract layoff provision that ?was a material change in the then existing contractual language, and that the recently elected [union officers] negotiated the clause to reward their supporters and punish their opponents, who included Runfola.?

PERB dismissed Runfola?s complaint as untimely, commenting that such a complaint had to be filed within four months of the date on which Runfola knew of the amendment to the collective bargaining agreement.

The contract had been amended in July 1998; Runfola filed his complaint in January 1999, more than six months after the contract had been amended.

PERB rejected Runfola?s argument that the Statute of Limitations to file his charge began to run in October 1998, when he was ?actually harmed? because of the application of the amended provision to him and ?caused him to lose a position ... he would have retained under the provisions of the prior agreement.?
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Full post as published by New York Public Personnel Law on October 26, 2010 (boomark / email).