EATZ v. DME UNIT OF LOCAL UNION NUMBER 3

No. 820, Docket 85-7835.

794 F.2d 29 (1986)

Brian EATZ, Edward McMillan, Peter Albrechtsen and Sonny Pascale, individually on their own behalf and on behalf of all persons similarly situated, Plaintiffs-Appellants, v. The DME UNIT OF LOCAL UNION NUMBER 3 OF the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO; Local Union Number 3 of the International Brotherhood of Electrical Workers, AFL-CIO; and the New York Racing Association, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 19, 1986.


Attorney(s) appearing for the Case

Wendy E. Sloan, New York City (Hall & Sloan, of counsel), for plaintiffs-appellants.

H. Richard Schumacher, New York City (Cahill Gordon & Reindel, Henry Bisgaier, Andrew P. Marks, of counsel), for defendant-appellee The New York Racing Ass'n.

Norman Rothfeld, New York City, for defendant-appellee Local Union Number 3 of the Intern. Broth. of Elec. Workers, AFL-CIO.

Before OAKES, KEARSE and PRATT, Circuit Judges.


GEORGE C. PRATT, Circuit Judge:

When a union moves to dismiss an action against it, federal labor policy requires courts to construe liberally allegations that the union has breached the duty of fair representation owed to its members. Because the record revealed numerous instances of alleged unfair representation occurring both within the applicable limitations period and after the filing of the complaint, the district court should not have limited its analysis to...

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