Geoffrey E. Landahl v. Ppg Industries, Inc., and Brotherhood of Painters & Allied Trades, Local 579

SWYGERT, Senior Circuit Judge.

The sole issue in this case is whether DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983), should be applied retroactively. In DelCostello, the Court held that the applicable statute of limitations in employment discharge cases involving alleged violations of section 301 of the Labor Management Relations Act of 1947 (“the Act”), 29 U.S.C. § 185, and a union’s breach of the duty of fair representation, is the six-month period prescribed in section 10(b) of the Act, 29 U.S.C. § 160(b). For the reasons set…