Reginald Childs v. Pennsylvania Federation Brotherhood of Maintenance Way Employees, and National Railroad Passenger Corporation

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal, arising out of a suit by a railroad employee against his union for breach of its duty of fair representation (DFR) and against the railroad for breach of the collective bargaining agreement, presents two questions. First, we must determine whether the district court erred in granting summary judgment for the union on the ground that the six month statute of limitations has run on the DFR suit, a determination which turns primarily on the date of accrual of the claim. Second, we must determine whether the district court erred in granting…