Section 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  


Latest version.
  • 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.