Robert Scott Gardner v. International Telegraph Employees Local No. 9

Gardner appeals the dismissal of his action as barred by the statute of limitations. Gardner’s complaint contained two claims: (1) his union did not process a grievance on his behalf and thereby violated its duty of fair representation to him; and (2) his union violated section 104 of the Labor-Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. § 414 , by failing to give him a copy of the collective bargaining agreement. The district court found both claims barred by a six-month statute of limitations, relying on DelCostello v. International Bhd. of Teamsters, 462 U.S. 151 , 103 S.Ct. 2281 , 76 L.Ed.2d 476 (1983). We affirm in part, reverse in part, and remand.

I

Gardner alleges the following: he was a member of defendant Union, which represented the employees of his former employer, RCA Global Communications, Inc. On December 19, 1983, RCA told Gardner he could resign or be terminated. Union representatives told him that there was nothing they could do for him. He resigned. Before and after his resignation he asked the Union for a copy of the contract between the Union and RCA, but was never provided one. Some time after he resigned, he discovered the contract had a…