Cook v. Bos. Carmen's Union
Cook v. Bos. Carmen's Union
Opinion of the Court
The plaintiff, Nyaitiyo Cook, appeals from a Superior Court judgment dismissing her complaint against the defendant, Boston Carmen's Union, Local 589 (union). We affirm.
Background. The plaintiff's complaint arises from a July 2, 2007, arbitration agreement among Cook, the union, and the Massachusetts Bay Transportation Authority (MBTA), in which the MBTA agreed to pay a sum certain to the plaintiff for vacation pay.
On December 14, 2015, the plaintiff then filed this complaint against the union claiming that it had failed to adequately represent her and therefore should be responsible for the payment. The motion judge allowed the union's motion to dismiss, holding that the two claims-one sounding in contract and one based on the duty of fair representation-were time-barred.
Discussion. The plaintiff's brief precludes our substantive review of her claims as it fails to support claims of error with sufficient legal argument, factual detail, or citation to legal authority or rules. An appellant's brief must set forth an argument which contains "the contentions of the appellant with respect to the issues presented," and must include "citations to the authorities, statutes, and parts of the record relied on." Mass.R.A.P. 16(a)(4), as amended,
Even in the absence of these defects, it is clear that the plaintiff's claim must fail as both claims are time-barred. As to the contract claim, the plaintiff did not file the complaint within the six-year statute of limitations. See G. L. c. 260, § 2 (actions of contract shall be commenced within six years); Cameron Painting, Inc. v. University of Mass.,
Judgment affirmed.
The plaintiff was formerly employed by the MBTA, and now seeks to enforce this action against the union.
The motion judge acknowledged that there was some ambiguity in the statute of limitations for the duty of fair representation claims as the Supreme Judicial Court in Graham v. Quincy Food Serv. Employees Assn. & Hosp., Library & Employees Union,
As an additional grounds for dismissal, the motion judge found that the amount in controversy did not meet the Superior Court jurisdictional minimum of $25,000.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.