Donald R. Davis v. Smith's Transfer, Inc. And Teamsters Local Union No. 549

This Tennessee plaintiff appeals a district court’s judgment dismissing his hybrid § 301, Labor Management Relations Act, 29 U.S.C. § 185, suit for being filed beyond the six-month statute of limitations provided in § 10(b) of the National Labor Relations Act, 29 U.S.C. § 160(b). The district court determined that the plaintiff's cause of action accrued on April 8,1985, when his grievance was denied, and that the effective filing date of his suit was October 2, 1986, approximately one year and six months later. The suit was therefore considered untimely.

On appeal, plaintiff argues that his §…