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.

CARDAMONE, Circuit Judge:

This is an appeal by an employee from an order dismissing his hybrid § 301/fair representation suit, 621 F.Supp. 324, brought against his employer and union under the Labor Management Relations Act (LMRA), 29 U.S.C. § 185 (1982). Appellant alleges in his complaint seeking reinstatement with back pay that his employer breached the collective bargaining agreement by discharging him and that the union breached its duty of fair representation by refusing to pursue his grievance. The district court dismissed the complaint as time-barred by § 10(b) of the National Labor…