William Mitchell v. United Parcel Service, Inc., and Department Store and Wholesale Drivers, Warehousemen and Helpers, Local Union 177

TIMBERS, Circuit Judge:

Appellant William Mitchell appeals from a judgment entered in the Eastern District of New York, Charles P. Sifton, District Judge, dismissing his wrongful discharge complaint under § 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (1976), as barred by the 90 day limitation period of § 7511 of the New York Civil Practice Law & Rules. The sole issue on appeal 1 is whether the district court erred in applying § 7511 to the instant action. We hold that it did.

I

Appellant, a member of Local Union # 177 of the Department Store and Wholesale Drivers, Warehousemen and…