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AKINS v. UNITED STEELWORKERS OF AMERICA

No. 27,132.

208 P.3d 457 (2009)

2009-NMCA-051

Jackie AKINS, Plaintiff-Appellee/Cross-Appellant, v. UNITED STEELWORKERS OF AMERICA, AFL-CIO, CLC, LOCAL 187, Defendant-Appellant/Cross-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted, No. 31,637, May 13, 2009.

Attorney(s) appearing for the Case

Martin Law Firm, Lane T. Martin, W.T. Martin, Jr., Carlsbad, NM, for Appellee/Cross-Appellant.

Youtz and Valdez, P.C., Shane C. Youtz, Albuquerque, NM, USW Associate General Counsel, Bruce Fickman, Pittsburgh, PA, for Appellant/Cross-Appellee.

OPINION

KENNEDY, Judge.

{1} In this case, we determine that there is no need to address the first-impression question of choosing which statute of limitations applies to civil suits between public employees and their unions. The options rest between the six-month statute of limitations for prohibited practices under the Public Employee Bargaining Act (the PEBA) and the four-year catch-all statute of limitations applied by the district court...

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