LOCAL JOINT EXEC. BD. v. EXBER, INC.

No. 91-16615.

994 F.2d 674 (1993)

LOCAL JOINT EXECUTIVE BOARD OF LAS VEGAS, BARTENDERS UNION LOCAL 165, CULINARY WORKERS' LOCAL UNION #226, Plaintiffs-Appellants, v. EXBER, INC., dba El Cortez Hotel, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 28, 1993.


Attorney(s) appearing for the Case

Andrew Kahn, McCracken, Stemerman, Bowen & Holsberry, Las Vegas, NV, for plaintiffs-appellants.

Kevin C. Efroymson, Las Vegas, NV, for defendant-appellee.

Before CANBY, and BRUNETTI, Circuit Judges, and JONES, District Judge.


BRUNETTI, Circuit Judge:

This appeal presents the question whether the statute of limitations in an action brought under § 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (1988), to compel arbitration, accrues only when a union receives actual notice of the employer's refusal to arbitrate, or whether constructive notice is sufficient. The trial court applied a constructive notice standard and dismissed the action. We reverse and remand.

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