International Union of Operating Engineers, Etc., and Cross-Appellee v. Fischbach and Moore, Inc., a Corporation, and Cross-Appellants
Opinion
Opinion
Ely, J.
This is an appeal by the appellant labor union from a judgment in favor of ap-pellees, plaintiffs below, for damages arising out of alleged unfair labor practices. The action was brought under § 303 of the Labor Management Relations Act, 29 U.S.C. § 187 , which provides in subsection (b) that “whoever shall be injured in his business or property by reason [of any unfair labor practice committed by a labor organization] may sue therefor in any district court of the United States * * *, or in any other court having jurisdiction of the parties, and shall recover the damages by him sustained and the cost of the suit.”
The principal issue here involved is whether the action, filed more than three but less than four years after its accrual, is barred by lapse of time.
The problem arises because § 303 does not provide a time within which suit must be instituted. The court below, in reaching its decision, listed five possible solutions :
1. utilization of state statutes of limitations ;
2. utilization of an arbitrary, judicially adopted period to be applied in all similar cases;
3. utilization of a federal statute of limitations applicable to suits of analogous nature;