Francis Lacina v. G-K Trucking

This procedurally unique case involves repeated attempts by the plaintiff employees to file a timely, yet not premature, complaint against their employer for breach of their collective bargaining agreement. The case arises against a historical background of unusual uncertainty regarding time requirements in section 301 cases.

This is the second appeal to this court in this case. Our original decision affirmed the district court’s dismissal of the case on statute of limitations grounds. Lacina v. G-K Trucking, 802 F.2d 1190 (9th Cir.1986). We did not decide in that appeal whether a timely complaint had been filed because we observed that even if it had been filed, the complaint had not been served within the six-month statute of limitation period as then required by our circuit law. Lacina v. G-K Trucking, 802 F.2d at 1192 n. 2. The Supreme Court reversed our decision and remanded for reconsideration in light of West v. Conrail, 481 U.S. 35 , 107 S.Ct. 1538 , 95 L.Ed.2d 32 (1987), which held that there is no requirement that a section 301 complaint be served within the six-month statute of limitations period, so long as it is filed within that period and served within a reasonable…