[PART IV. 
FAIR REPRESENTATION]



 



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



Where the alleged failure to fairly represent
an employee arises from a grievance, the cause of action shall be deemed to
accrue when an employee receives actual notice that a labor organization either
refuses or has ceased to represent the employee in a grievance against an
employer.  Where the alleged failure is related to negotiations or collective
bargaining, the cause of action shall be deemed to accrue when the applicable
collective bargaining agreement or amendment thereto is executed. [L 1980, c
35, §1]



 



Case Notes



 



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