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SISCO v. CONSOLIDATED RAIL CORP.

No. 83-5631.

732 F.2d 1188 (1984)

Robert T. SISCO, Appellant, v. CONSOLIDATED RAIL CORP. and United Transportation Union.

United States Court of Appeals, Third Circuit.

Decided April 24, 1984.

Attorney(s) appearing for the Case

George M. Schroeck (Argued), Erie, Pa., for appellant.

Norton N. Newborn, Norton N. Newborn Co., L.P.A., Cleveland, Ohio, for appellee, United Transp. Union.

Jeffrey H. Burton (Argued), Dennis Alan Arouca, Philadelphia, Pa., Robb M. Jones, Nixon, Hargrave, Devans & Doyle, Rochester, N.Y., for appellee, Consol. Rail Corp.

Before GIBBONS and SLOVITER, Circuit Judges, and BISSELL, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

This appeal requires that we determine whether a uniform federal statute of limitations applies to claims alleging a breach of the duty of fair representation ("DFR") by a union for failure to bring a grievance to the National Railroad Adjustment Board under the Railway Labor Act, 45 U.S.C. §§ 151-188 (1976). If a federal limitation period applies, we must decide what that period shall be. The issue...

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