217 - Proceeding against body or officer; actions complaining about conduct that would constitute a union's breach of its duty of fair representation; four

§  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.