WHITTLE v. LOCAL 641, INTERN. BROTH. OF TEAMSTERS

No. 94-5334.

56 F.3d 487 (1995)

Michael J. WHITTLE; James Calandrillo, Appellants v. LOCAL 641, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL-CIO; Yellow Freight System, Inc.

United States Court of Appeals, Third Circuit.

Decided May 24, 1995.


Attorney(s) appearing for the Case

John A. Craner, (argued), Craner, Nelson, Satkin & Scheer, Scotch Plains, NJ, for appellants.

Gary A. Carlson, (argued) and Albert G. Kroll, Kroll & Gaechter, Verona, NJ, for appellee Local 641.

Jeffrey I. Pasek, (argued), Cohen, Shapiro, Polisher, Shiekman & Cohen, Philadelphia, PA, for appellee Yellow Freight.

Before: COWEN, NYGAARD and ALITO, Circuit Judges.


OPINION OF THE COURT

NYGAARD, Circuit Judge.

Plaintiffs Michael J. Whittle and James Calandrillo appeal from the summary judgment granted to the defendants in this action under § 301 of the Labor Management Relations Act, 29 U.S.C. § 185. The district court held that plaintiff-appellants' hybrid duty of fair representation claim was time-barred. We will reverse.

I.

This case involves a seniority dispute brought about when defendant...

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