2019 New York Laws
CVP - Civil Practice Law and Rules
Article 2 - Limitations of Time
217 - Proceeding Against Body or Officer; Actions Complaining About Conduct That Would Constitute a Union's Breach of Its Duty of Fair Representation; Four

Universal Citation: NY CPLR § 217 (2019)
§  217.  Proceeding against body or officer; actions complaining about
conduct that would constitute a union's  breach  of  its  duty  of  fair
representation;  four  months. 1.   Unless a shorter time is provided in
the law authorizing the proceeding,  a  proceeding  against  a  body  or
officer  must be commenced within four months after the determination to
be reviewed becomes final and binding upon the petitioner or the  person
whom he represents in law or in fact, or after the respondent's refusal,
upon  the  demand of the petitioner or the person whom he represents, to
perform its duty; or with leave of the court where the petitioner or the
person whom he represents, at the time such determination  became  final
and  binding  upon  him  or  at  the  time  of such refusal, was under a
disability specified in section 208, within two years after such time.
  2. (a) Any action  or  proceeding  against  an  employee  organization
subject  to  article fourteen of the civil service law or article twenty
of the labor law which complains that  such  employee  organization  has
breached  its duty of fair representation regarding someone to whom such
employee organization has a duty shall be commenced within  four  months
of  the  date  the employee or former employee knew or should have known
that the breach has occurred, or within four  months  of  the  date  the
employee or former employee suffers actual harm, whichever is later.

(b) Any action or proceeding by an employee or former employee against an employer subject to article fourteen of the civil service law or article twenty of the labor law, an essential element of which is that an employee organization breached its duty of fair representation to the person making the complaint, shall be commenced within four months of the date the employee or former employee knew or should have known that the breach has occurred, or within four months of the date the employee or former employee suffers actual harm, whichever is later.

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