Michael Kolomick v. United Steelworkers of America, District 8, Afl-Cio and Donn Corporation Floor Division

SPROUSE, Circuit Judge:

Michael Kolomick brought this § 301 1 action against his former employer, Donn Corporation, and the United Steelworkers of America, District 8, alleging that Donn had wrongfully discharged him from employment and that the Union, by improperly refusing to pursue arbitration under the terms of an existing collective bargaining agreement, did not fairly represent him. The magistrate, to whom the case was referred by consent, granted both Donn’s motion to dismiss and the Union’s motion for summary judgment on the ground that Kolomick’s action was barred by the six-month…