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MARTIN v. PULLMAN STANDARD, DIV. OF WHEELABRATOR

No. 82-5470.

726 F.2d 101 (1984)

Terry G. MARTIN, Appellant, v. PULLMAN STANDARD, DIVISION OF WHEELABRATOR FRYE, a Corporation, and Pullman Standard, A Division of Pullman, Incorporated, a Corporation, and Pullman Standard, Division of M.W. Kellogg Company, a Corporation, and the United States Steelworkers of America, an International Labor Organization, and District 19 Local 1415 of the United Steelworkers of America, a Local Labor Organization.

United States Court of Appeals, Third Circuit.

Decided January 26, 1984.

Attorney(s) appearing for the Case

Henry C. Berns, Breman & Berns, Pittsburgh, Pa., for appellant.

Richard V. Sica, Brian J. Dougherty, Thorp, Reed & Armstrong, Pittsburgh, Pa., for Pullman Standard, Inc.

Rudolph L. Milasich, Jr., Asst. Gen. Counsel, Carl B. Frankel, Associate Gen. Counsel, United Steelworkers of America, Pittsburgh, Pa., for United Steelworkers of America and Its Local 1415; Bernard Kleiman, Chicago, Ill., of counsel.

Before GIBBONS, HUNTER and ROSENN, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) February 18, 1983.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

Terry G. Martin appeals from a judgment on the pleadings, on statute of limitations grounds, in his suit against his employer and the labor union representing him, alleging that his discharge violated a collective bargaining agreement and the union's duty of fair representation. The trial court, relying on United Parcel Service, Inc. v. Mitchell...

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