Local Joint Executive Board of Las Vegas, Bartenders Union Local 165, Culinary Workers' Local Union 226 v. Exber, Inc., Dba El Cortez Hotel

BRUNETTI, Circuit Judge:

This appeal presents the question whether the statute of limitations in an action brought under § 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (1988), to compel arbitration, accrues only when a union receives actual notice of the employer’s refusal to arbitrate, or whether constructive notice is sufficient. The trial court applied a constructive notice standard and dismissed the action. We reverse and remand.

I

On February 16, 1989, Exber, Inc., the employer, terminated Gerald Missler, a member of the Union. The Union and the employer are parties to a…