Mitchell v. Joseph's Supermarkets, Inc.

OPINION

DIAMOND, District Judge.

In this action, plaintiff, Steve M. Mitchell (“Mitchell”), alleges that his employer, defendant Joseph’s Supermarkets, Inc. (“Joseph’s”), breached a collective bargaining agreement and that his union, defendant United Food and Commercial Workers Local Union No. 23 (“the Union”), breached its duty of fair representation. Although the suit was initiated in state court, the defendants removed the case to this court. Presently before the court is the Union’s motion for summary judgment. In this motion, the Union alleges that Mitchell failed to commence his action…