Legal Opinion
Baker v. Board of Education
New York Court of Appeals
Decided October 13, 1987PublishedCited by 24 opinions
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
This appeal calls upon us to determine first, what Statute of Limitations should govern an action by a teacher against a public sector union for breach of its duty of fair representation and second, whether a cause of action can be stated for breach of such duty by a teacher after resigning her position. We conclude that the action was timely because brought within six years of accrual, and that where construe*317tive discharge is the gravamen of the complaint resignation does not divest a teacher of a cause of action against the union. .
For approximately 14 years…
2Cases cited18 opinions
- Vaca v. SipesSupreme Court of the United States · 1967
- DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
- United Parcel Service, Inc. v. MitchellSupreme Court of the United States · 1981
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Solnick v. WhalenNew York Court of Appeals · 1980
13 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Board of Education v. AmbachNew York Court of Appeals · 1987
- Graham v. Quincy Food Service Employees Ass'n & Hospital, Library & Public Employees UnionMassachusetts Supreme Judicial Court · 1990
- Hartnett v. New York City Transit AuthorityNew York Court of Appeals · 1995
- Cunningham v. Local 30, International Union of Operating EngineersDistrict Court, S.D. New York · 2002
- Civil Service Employees Ass'n v. Public Employment Relations BoardAppellate Division of the Supreme Court of the State of New York · 1987
19 more not listed; retrieve them via the Exa API.