[PART IV. FAIR REPRESENTATION]

 

[§378-51]  Action against labororganization, limitation.  Any complaint, whether founded upon any contractobligation or for the recovery of damage or injury to persons or property, byan employee against a labor organization for its alleged failure to fairlyrepresent the employee in an action against an employer shall be filed withinninety days after the cause of action accrues, and not thereafter.

Where the alleged failure to fairly representan employee arises from a grievance, the cause of action shall be deemed toaccrue when an employee receives actual notice that a labor organization eitherrefuses or has ceased to represent the employee in a grievance against anemployer.  Where the alleged failure is related to negotiations or collectivebargaining, the cause of action shall be deemed to accrue when the applicablecollective bargaining agreement or amendment thereto is executed. [L 1980, c35, §1]

 

Case Notes

 

  Employee's claim that union failed to provide fair andadequate representation was time-barred.  779 F. Supp. 1265.