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CHILDS v. PA. FED. BROTH. OF MAINTENANCE WAY EMP.

No. 86-1555.

831 F.2d 429 (1987)

Reginald CHILDS, Appellant, v. PENNSYLVANIA FEDERATION BROTHERHOOD OF MAINTENANCE WAY EMPLOYEES, and National Railroad Passenger Corporation, Appellee.

United States Court of Appeals, Third Circuit.

Decided October 19, 1987.

Attorney(s) appearing for the Case

Andrew F. Erba (argued), Community Legal Services, Inc., Philadelphia, Pa., for appellant.

Dennis Morikawa, Morgan, Lewis & Bockius, Philadelphia, Pa., Robert A. McCullough (argued), Asst. Gen. Counsel, Nat. R.R. Passenger Corp., Washington, D.C., for appellee Nat. R.R. Passenger Corp.

William J. Birney (argued), Highsaw & Mahoney, P.C., Washington, D.C., for appellee Broth. of Maintenance of Way Employees.

Before WEIS, BECKER and HUNTER, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal, arising out of a suit by a railroad employee against his union for breach of its duty of fair representation (DFR) and against the railroad for breach of the collective bargaining agreement, presents two questions. First, we must determine whether the district court erred in granting summary judgment for the union on the ground that the six month statute of limitations has run on the DFR suit, a determination...

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