West v. Conrail

OPINION OF THE COURT

In West v. Conrail, 780 F.2d 361 (3d Cir.1985) we held that the service requirement of section 10(b) of the National Labor Relations Act, 29 U.S.C. § 160(b) (1982), applied in hybrid breach of contract/breach of duty of fair representation suits. The Supreme Court, however, reversed, holding that when the underlying cause of action is based on federal law, as it is here, Rules 3 and 4 of the Federal Rules of Civil Procedure govern when service of process must be completed. See West v. Conrail, — U.S. -, 107 S.Ct. 1538, 95 L.Ed.2d 32 (1987).

The plaintiff here, Thomas West,…