Union member subject to the collective bargaining agreement (CBA) is required to avail himself of the grievance procedure set forth in the CBA before commencing an action pursuant to CPLR Article 78.

Click the following URL to access this decision posted on the Internet at: https://www.nycourts.gov/reporter/3dseries/2022/2022_06994.htm 

N.B.In Amorosano-LePore v Grant, 56 AD3d 663, the court opined that the employee's exhaustion of his or her administrative remedies is not required where his or her so doing would constitute an exercise in futility. The Amorosano-LePore decision is posted on the Internet at: https://www.nycourts.gov/reporter/3dseries/2008/2008_09073.htm