Jack Thomsen v. United Parcel Service, Inc., Local 710, International Brotherhood of Teamsters

Although the majority opinion arrives at an eminently sensible analysis of the application of section 10(b)’s service require*119ment, I do not believe that DelCostello leaves us room to so speculate. It is apparent to me that the Supreme Court recognized the unambiguous requirement in section 10(b) that filing and service be accomplished within six months of the accrual of the action by its specific reference to this language in the statute. DelCostello v. Teamsters, 462 U.S. 151,154 n. 2,103 S.Ct. 2281, 2285 n. 2, 76 L.Ed.2d 476 (1983). To construe otherwise places this Court in the untenable…