Phelan, 12 OCB2d 35 (BCB 2019)

Petitioner appealed the Determination of the Executive Secretary dismissing his petition as untimely. The petition alleged that the Union violated its duty of fair representation by failing to negotiate certain benefits in 2015. Petitioner argued that the petition was timely because he was continuously trying to resolve the matter with the Union, had only recently learned that the Board was the proper forum for his complaint, and had been continuously harmed by the Union’s actions. The Board found that the Executive Secretary properly deemed the charges in the petition untimely and denied the appeal.

12-OCB2d-35-BCB-2019.pdf