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WELYCZKO v. U.S. AIR, INC.

No. 999, Docket 83-7976.

733 F.2d 239 (1984)

Roman WELYCZKO, Plaintiff-Appellant, v. U.S. AIR, INC. and Thomas Pomeroy as Chairman of the International Association of Machinists and Aerospace Workers, Local No. 75, District 141, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 25, 1984.

Attorney(s) appearing for the Case

Michael T. McGarry, Albany, N.Y. (Lombardi, Reinhard, Walsh & Harrison, Albany, N.Y., of counsel), for plaintiff-appellant.

Melvin H. Osterman, Jr., Albany, N.Y. (Whiteman, Osterman & Hanna, Albany, N.Y., of counsel), for defendant-appellee U.S. Air, Inc.

Peter P. Paravati, Utica, N.Y. (Constance J. Angelini, Utica, N.Y., of counsel), for defendant-appellee Thomas Pomeroy.

Before KAUFMAN, KEARSE and PIERCE, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Roman Welyczko appeals from the dismissal of his hybrid claim against his employer for wrongful discharge, and against his union for breach of its duty of fair representation. The district judge based his action upon the Supreme Court's decision in DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983), which established a six-month statute...

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