Carmelo Reyes Barina v. Gulf Trading And Transportation Company

726 F.2d 560 115 L.R.R.M. (BNA) 3085 , 100 Lab.Cas. P 10,821 Carmelo Reyes BARINA, Plaintiff-Appellant, v. GULF TRADING AND TRANSPORTATION COMPANY, A DIVISION OF GULF OIL CORPORATION, a Corporation and The National Maritime Union of America, an unincorporated association, Defendants-Appellees. No. 83-5752. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 7, 1983. Decided Feb. 23, 1984. Edgar Gonzales Rios, Alhambra, Cal., for plaintiff-appellant. William P. Barry, McCutchen, Black, Verleger & Shea, Los Angeles, Cal., Ned R. Phillips, New York City, for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before SKOPIL, FERGUSON and CANBY, Circuit Judges. CANBY, Circuit Judge: 1 Barina brought this action against his employer under Sec. 301 of the Labor Management Relations Act, 29 U.S.C. Sec. 185 , and against his union for violating its duty of fair representation. The district court dismissed the entire action as untimely. In this appeal, we must decide whether to apply retroactively the statute of limitations required by either United Parcel Service, Inc. v. Mitchell, 451 U.S. 56 , 101 S.Ct. 1559…