Legal Opinion

Welyczko v. U.S. Air, Inc.

Court of Appeals for the Second Circuit

Decided April 25, 1984No. 999, Docket 83-7976PublishedCited by 93 opinions

1Opinion of the Court

IRVING R. KAUFMAN, Circuit Judge:

Roman Welyczko appeals from the dismissal of his hybrid claim against his employer for wrongful discharge, and against his union for breach of its duty of fair representation. The district judge based his action upon the Supreme Court’s decision in DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983), which established a six-month statute of limitations for claims under § 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 185(a). We hold that the DelCostello decision has both retroactive and…

2Cases cited19 opinions

  1. DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
  2. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  3. Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
  4. Barbara G. Holzsager, of the Estate of Donald M. Holzsager, Deceased, and Barbara G. Holzsager, Individually v. The Valley HospitalCourt of Appeals for the Second Circuit · 1981
  5. Perez, John T. v. Dana Corporation, Parish Frame Division and United Steelworkers of America, Local Union No. 3733Court of Appeals for the Third Circuit · 1983

14 more not listed; retrieve them via the Exa API.

3Cited by93 opinions

  1. Margo v. WeissCourt of Appeals for the Second Circuit · 2000
  2. Smith v. General Motors Corp.Court of Appeals for the Sixth Circuit · 1984
  3. Linda Mulligan v. Francis HazardCourt of Appeals for the Sixth Circuit · 1985
  4. United Independent Flight Officers, Inc. v. United Air Lines, Inc., & Air Line Pilots Association, InternationalCourt of Appeals for the Seventh Circuit · 1985
  5. Frank E. Barnett v. United Air Lines, Inc., and Association of Flight Attendants, DefendantsCourt of Appeals for the Tenth Circuit · 1984

88 more not listed; retrieve them via the Exa API.

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