Mediran v. International Ass'n of MacHinists & Aerospace Workers

MEMORANDUM

Jeffrey Medirán appeals the district court’s grant of judgment on the pleadings as to his claim for breach of the duty of fair representation against his union, the International Association of Machinists and Aerospace Workers (IAM), and his related claim against his former employer, United Airlines (United). We reverse in part and affirm in part.

Medirán asserts that the district court erred when it determined that on the face of the pleadings, the statute of limitations barred his duty of fair representation claim against IAM. We agree. When a union does not process a grievance for an extended period, the limitations period may well commence, even if the union has not expressly stated that it will not process the grievance. See Lacina v. G-K Trucking, 802 F.2d 1190, 1192 (9th Cir.1986) (relying upon Metz v. Tootsie Roll Indus., Inc., 715 F.2d 299, 304 (7th Cir.1983)), vacated and remanded on other grounds, Lacina v. G-K Trucking, 483 U.S. 1002 , 107 S.Ct. 3224 , 97 L.Ed.2d 731 (1987); see also Galindo, 793 F.2d at 1509. Where a union not only fails to act but also, by making numerous false representations, misleads the employee into believing that the claim is being…