Lee O. Edwards, Jr. v. Teamsters Local Union No. 36, Building Material and Dump Truck Drivers
Opinion
Opinion
Nelson, J.
Edwards appeals from the dismissal of his suit against his union for breach of its duty of fair representation in grievance proceedings following his dismissal from employment. Edwards filed this action nearly a year after he was discharged, and more than ten months after his grievance against his employer was unfavorably resolved. The court below dismissed Edwards’ claims against the employer and the union as untimely filed on the authority of United Parcel Service v. Mitchell, 451 U.S. 56 , 101 S.Ct. 1559 , 67 L.Ed.2d 732 (1981). Edwards appeals only the judgment for the union. We reverse that judgment and remand the case for further proceedings.
FACTUAL AND PROCEDURAL BACKGROUND
This suit arises from the discharge of appellant Edwards by appellee Asphalt, Inc. (Asphalt). After seven years of continuous employment, Edwards was absent from work for health reasons for more than six months in 1980. When he attempted to return to work on December 24, he was dismissed. Edwards was a member of Teamsters Local Union No. 36, Building Material and Dump Truck Drivers (Union), which had a collective bargaining agreement (Agreement) in force with Asphalt.