Ina King v. The New York Telephone Company, Inc., and the Telephone Traffic Union (New York)

JON 0. NEWMAN, Circuit Judge,

dissenting:

I respectfully dissent because the undisputed facts establish that Ina King’s lawsuit against her union and her former employer is barred by the six-month statute of limitation. In returning this case to the District Court for fact-finding, the majority unsettles the law concerning hybrid section 301/fair representation suits and creates an undefined exposure to damage suits that employers are entitled to believe are time-barred. Moreover, the majority does not instruct the District Court what issues are to be tried, now that summary judgment has been…