A collective bargaining agreement can shorten a statute of limitations for bringing a breach of contract action set by law

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A collective bargainingagreement can shorten a statute of limitations for bringing a breach ofcontract action set by law
Sheriff Officers Assn. Inc. v County ofNassau, 21 Misc 3d 1130(A)
Typically an action for breach of contract is governed by a six-year statute oflimitations. Here, however, the COB provides that "the President [of theAssociation] may initiate a grievance... within one (1) calendar year after theoccurrence of the event grieved, provided it does not merely affect anindividual." This, said Justice McCarty, “effectively shortens thestatutory period set forth in CPLR 213(2) of six years to one year with regardto class action grievances brought by the president of plaintiff union....”

Accordingly, said the court, the period for which damages may be claimed withrespect to this action is from one year prior to the filing of the grievance,to the present.

The full text of the decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2008/2008_52288.htm