Legal Opinion

Walter MacOn v. Itt Continental Baking Co., Inc.

Court of Appeals for the Sixth Circuit

Decided December 23, 1985No. 83-3197PublishedCited by 13 opinions

1Opinion of the Court

ENGEL, Circuit Judge.

Intervening decisions of the Supreme Court and in our circuit have reduced the issues in this appeal to one: does the six-month limitation upon hybrid 301/fair representation suits borrowed from section 10(b) of the National Labor Relations Act borrow as well the requirements that both filing and service of the complaint be accomplished within the six-month period? We answer in the negative and hold that such actions are instead governed by the filing and service requirements under the Federal Rules of Civil Procedure generally applicable to civil suits in the district…

2Cases cited27 opinions

  1. Wilson v. GarciaSupreme Court of the United States · 1985
  2. DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
  3. International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. Hoosier Cardinal Corp.Supreme Court of the United States · 1966
  4. Walker v. Armco Steel Corp.Supreme Court of the United States · 1980
  5. Federal Communications Commission v. Pottsville Broadcasting Co.Supreme Court of the United States · 1940

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3Cited by13 opinions

  1. West v. ConrailSupreme Court of the United States · 1987
  2. Sentry Corporation and Sne Corporation v. Ethel R. Harris, as Trustee Under Trust Agreement Dated March 1, 1973Court of Appeals for the Seventh Circuit · 1986
  3. Bowden v. City of FranklinCourt of Appeals for the Sixth Circuit · 2001
  4. Jack Thomsen v. United Parcel Service, Inc., Local 710, International Brotherhood of TeamstersCourt of Appeals for the Eighth Circuit · 1986
  5. Robert M. Ellenbogen v. Rider Maintenance Corp., New York City Taxi Drivers Union Local 3036, S.E.I.U., a.f.l.-c.i.o.Court of Appeals for the Second Circuit · 1986

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