HRS §378-51
Deadline for suing a union over unfair representation
This section sets a time limit for an employee to sue their union for failing to fairly represent them. The lawsuit must be filed within 90 days after the claim starts. The claim starts at different times depending on the situation, such as when the union refuses to help with a grievance or when a contract is signed.
employees
The statute, as written — Action against labor organization, limitation
Any complaint, whether founded upon any contract obligation or for the recovery of damage or injury to persons or property, by an employee against a labor organization for its alleged failure to fairly represent the employee in an action against an employer shall be filed within ninety days after the cause of action accrues, and not thereafter. Where the alleged failure to fairly represent an employee arises from a grievance, the cause of action shall be deemed to accrue when an employee receives actual notice that a labor organization either refuses or has ceased to represent the employee in a grievance against an employer. Where the alleged failure is related to negotiations or collective bargaining, the cause of action shall be deemed to accrue when the applicable collective bargaining agreement or amendment thereto is executed.
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