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Plaintiff sued a labor union for breach of its duty of fair representation between August 1986 and February 1987, alleging failure to properly represent him in disciplinary proceedings leading to his dismissal. The action was commenced on February 9, 1993. The central issue on appeal is whether the action is governed by CPLR 217 (2) (a), effective July 11, 1990, which shortened the statute of limitations to four months, or the previous six-year period. The court ruled that applying the four-month statute retroactively to a cause of action that accrued no later than February 27, 1987, would be unconstitutional, as it would immediately bar the claim without allowing a reasonable time to sue. Therefore, the six-year statute of limitations applies, and the plaintiff's action was timely commenced. The court declined to follow the reasoning in Kleinmann v Bach regarding the applicability of CPLR 217 (2) (a) based on prior PERB charges.
Alston v. Transport Workers Union is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
Plaintiff sued a labor union for breach of its duty of fair representation between August 1986 and February 1987, alleging failure to properly represent him in disciplinary proceedings leading to his dismissal. The action was commenced on February 9, 1993. The central issue on appeal is whether the action is governed by CPLR 217 (2) (a), effective July 11, 1990, which shortened the statute of limitations to four months, or the previous six-year period. The court ruled that applying the four-month statute retroactively to a cause of action that accrued no later than February 27, 1987, would be unconstitutional, as it would immediately bar the claim without allowing a reasonable time to sue. Therefore, the six-year statute of limitations applies, and the plaintiff's action was timely commenced. The court declined to follow the reasoning in Kleinmann v Bach regarding the applicability of CPLR 217 (2) (a) based on prior PERB charges.
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