Gerber v. Amalgamated Transit Union Division 580

OPINION OF THE COURT

Leo F. Hayes, J.

CNY Centro, Inc., fired plaintiff on March 11, 1982. Believing that the grounds for his termination were insufficient, he filed a grievance on March 24,1982, a grievance which two days later was rejected by Centro. According to the collective bargaining agreement then in force the defendant union had seven days to notify Centro in the event it wished to arbitrate plaintiff’s grievance.1 The union did not file such a notice. In December, 1982, the union told plaintiff that pursuing his grievance would be futile.

This suit was commenced 10 months later, in…