Labor & Employment Law

Failure to use available administrative remedy bars lawsuit involving the same issue

Failure to use available administrative remedy bars lawsuit involving the same issue
Clark v New York City Transit Authority, 46 A.D.3d 360

Wilma Clark sued the New York City Transit Authority in an effort to get a court order reinstating her to her former position.

The Appellate Division dismissed her petition, noting that Clark had failed to exhaust the administrative remedies that were available to her to test the disciplinary action that led to her dismissal. This omission, said the court, precluded its review of those claims, citing Robinson v New York City Transit Authority, 226 AD2d 467.

Another claim made by Clark alleged that her union breached of its duty of fair representation. This action, said the court, was untimely filed and thus barred by the statute of limitations set out in the Civil Practice Law and Rules, Section 217[2].

Full post as published by New York Public Personnel Law on May 16, 2008 (boomark / email).