Smith V. Kerrville Bus Co.

ALVIN B. RUBIN, Circuit Judge:

Applying the six-months statute of limitations contained in § 10(b) of the National Labor Relations Act (“NLRA”), the district court dismissed this suit by an employee against his employer for violation of a collective bargaining agreement, removed to federal court under § 301 of the Labor Management Relations Act (“LMRA”), and, there being no federal cause of action, refused to entertain the later asserted pendent state tort claims. Because this is simply a straightforward breach of contract suit, albeit by an employee, not a union, the district court should…