Plaintiff employee filed an appeal from the decision of the Superior Court of Fresno County (California), which entered an order that granted a motion for summary judgment in favor of two defendants union and employer.
The court affirmed in part and reversed in part the decision of the trial court. Plaintiff employee was discharged after approximately 20 years of employment as a butcher for defendant employer. He allegedly violated store policy. He filed a complaint for damages against defendants employer and union. An Unlawful Detainer, also known as an eviction lawsuit, is a summary proceeding to determine the right to possession of real property. Plaintiff’s causes of action against defendants were based on an employer’s breach of a collective bargaining agreement and a union’s breach of a duty of fair representation. Defendants filed motions for summary judgment, which were granted. The issue before the court was whether a six-month statute of limitations provided in 29 U.S.C.S. § 160(b) required that plaintiff need only file his complaint within six months of the alleged unfair labor practice, or that plaintiff must both file and serve the complaint within that time. The court found that both the filing and the service of the complaint need not be made within the six-month period of limitations.
The court affirmed in part and reversed in part the decision of the trial court which entered an order that granted a motion for summary judgment in favor of two defendants union and employer because a six-month statute of limitations provided in the statute required that plaintiff need only file his complaint within six months of the alleged unfair labor practice
