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Kerry Shea v. Washington Metropolitan Area

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(Argued March 22, 2012

Before FISHER and THOMPSON, Associate Judges, and SCHWELB, Senior Judge.

On December 10, 2009, Kerry Shea Price filed a pro se complaint against the Washington Metropolitan Area Transit Authority (“WMATA”) and its former General Manager John Catoe (together, “the WMATA 2 defendants”) and against Local 689, Amalgamated Transit Union (“the Union” or “Local 689″) and Union President Warren George (together, the “Union defendants”), alleging that WMATA wrongfully discharged him and that the Union arbitrarily refused to take his grievance against WMATA to arbitration.*fn1 Both sets of defendants filed dispositive motions. Construing Price‟s complaint as setting out a hybrid employer breach of collective bargaining agreement/union breach of duty of fair representation claim (a “hybrid CBA/fair representation claim”), the trial court granted the WMATA defendants‟ motion to dismiss and the Union defendants‟ motion for summary judgment. The court‟s principal reasoning in each of the orders was that Price‟s claims were time-barred because they were filed beyond the six-month limitations period described in section 10

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