Legal Opinion
Eatz v. DME Unit of Local Union No. 3 of the International Brotherhood of Electrical Workers
Court of Appeals for the Second Circuit
Decided June 19, 1986No. 820, Docket 85-7835PublishedCited by 26 opinions
1Opinion of the Court
GEORGE C. PRATT, Circuit Judge:
When a union moves to dismiss an action against it, federal labor policy requires courts to construe liberally allegations that the union has breached the duty of fair representation owed to its members. Because the record revealed numerous instances of alleged unfair representation occurring both within the applicable limitations period and after the filing of the complaint, the district court should not have limited its analysis to the complaint alone and, therefore, erred in granting defendants’ motions to dismiss this action as time-barred.
Plaintiffs, mutuel…
2Cases cited6 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
- Local Lodge No. 1424, International Ass'n of MacHinists v. National Labor Relations BoardSupreme Court of the United States · 1960
- Czosek v. O'MARASupreme Court of the United States · 1970
- Engelhardt v. Consolidated Rail Corp.Court of Appeals for the Second Circuit · 1985
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3Cited by26 opinions
- Charles James Witt v. Roadway Express, Jim Kasperski, Teamsters Local No. 41, and Warren StevensCourt of Appeals for the Tenth Circuit · 1998
- Velasquez v. Metro Fuel Oil Corp.District Court, E.D. New York · 2014
- Daniel A. George v. Local Union No. 639, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Afl-CioCourt of Appeals for the D.C. Circuit · 1996
- Allen v. City of YonkersDistrict Court, S.D. New York · 1992
- Haerum v. Air Line Pilots Ass'nCourt of Appeals for the Second Circuit · 1989
21 more not listed; retrieve them via the Exa API.