Storck v. International Brotherhood of Teamsters

This case involves an action by an employee against his employer for violation of a collective bargaining agreement and against his union for breach of the duty of fair representation. This action was filed four-and-one-half months after the plaintiff’s grievance was arbitrated and decided. The district court ruled by order that the action was not barred by a ninety-day statute of limitations. The district court certified the question of the appropriate limitation period to this court under 28 U.S.C. § 1292(b) (1976). Subsequent to oral argument in this case, the Supreme Court decided…