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Albright v. Virtue

Union members' fair representation claim did not accrue with receipt of boilerplate grievance decision where correspondence showed sincere belief that further union appeals were viable; thus, union was not entitled to summary judgment on statute of limitations grounds.

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Argued July 30, 2001

OPINION OF THE COURT

The plaintiffs in this appeal are members of a Teamsters Local Union in Central Pennsylvania who objected to the manner in which seniority lists were merged following the consolidation of two trucking lines. When their internal union grievances were unsuccessful, they brought what is generally known as a hybrid duty of fair representation/ S 301*fn1 suit in the District Court for the Middle District of Pennsylvania against the local union, its international union parent, and its business agent, alleging breach of the duty of fair representation (DFR), and against their employer, alleging breach of the collective bargaining agreement. This appeal is from the order of the District Court granting summary judgment for all the defendants based on the statute of limitations, and also from the District Court’s order denying the union members’ motion for reconsideration.

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