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CINQUE v. WHITMAN'S CHOCOLATES

April 2, 1984

PATRICIA A. CINQUE, Plaintiff
v.
WHITMAN'S CHOCOLATES and BAKERY AND CONFECTIONERY WORKERS INTERNATIONAL UNION OF AMERICA LOCAL 6, Defendants



The opinion of the court was delivered by: DITTER

 J. WILLIAM DITTER, JR., District Judge.

 AND NOW, this 22nd day of March, 1984, the summary judgment motions of both defendants are granted. Plaintiff brought this action under Section 301(a) of the Labor Management Relations Act, 29 U.S.C. § 185. Whitman's is alleged to have wrongfully discharged plaintiff and the union is alleged to have breached its duty of fair representation. Both defendants have moved for summary judgment on the basis that plaintiff's claims are barred by the applicable statute of limitations.

 All claims brought under Section 301(a) of the Labor Management Relations Act must be brought within six months after exhaustion of internal union procedures. DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151, 103 S. Ct. 2281, 76 L. Ed. 2d 476 (1983). Exhaustion is deemed to occur "when it becomes clear that further internal [union] appeals would be futile." Scott v. International Brotherhood of Teamsters, 725 F.2d 226, 229 (3d Cir. 1983). This six month statute of limitations may be applied retroactively. Id. at 228-29.

19840402

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