Ronald L. Christianson v. Pioneer Sand & Gravel Co., Division of Lone Star Industries, Inc.

This is an action which originally was brought by union members under § 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185 , against both their local union and their former employer, Lone Star Cement Corporation. Plaintiffs alleged that on or about January 26, 1972, Lone Star violated the seniority provisions of the applicable collective bargaining agreement by removing plaintiffs’ names from its seniority list and by not subsequently recalling plaintiffs. They also claimed that their local union breached its duty of fair representation by failing to press plaintiffs’ complaints through the grievance and arbitration procedures mandated by the collective bargaining agreement.

This action was commenced in the district court on November 2,1977, almost six years after the employer’s actions of which plaintiffs complain. Both the Local and Lone Star raised the statute of limitations defense in their answers. In August 1978, the Local filed a motion for summary judgment on the grounds that Washington’s three-year statute of limitations for tort actions, Wash.Rev.Code § 4.16.080(2), barred plaintiffs’ claim against the Local. In response to the Union’s motion, both…