Kabeya Kalombo v. Hughes Market Inc. Local 399 Hospital and Service Employees Union

Kabeya Kalombo appeals from the dismissal with prejudice under 29 U.S.C. § 185 of his claim of breach of the duty of fair representation against the Hospital and Services Employees Union Local 399 (Union). The district court dismissed the action on the ground that the claim against the Union was barred by the six months statute of limitations set forth in Section 10(d) of the National Labor Relations Act. 29 U.S.C. § 160 (d) (1982) (NLRA). Kalom-bo’s action was filed more than one year after the date he alleged that the Union breached its duty to him. Kalombo claims that the appropriate period of limitations is the four-year statute governing breach of contract actions under California law. We disagree.

I.

In Del Costello v. Int’l Bhd. of Teamsters, 462 U.S. 151 , 103 S.Ct. 2281 , 76 L.Ed.2d 476 (1983), the Supreme Court concluded that the six-month period for making charges of unfair labor practice to the National Labor Relations Board contained in section 10(b) of the NLRA should be applied to a claim filed in a federal district court for a breach of a union’s duty of fair representation. Id. at 159 n. 12, 103 S.Ct. at 2287 n. 12. In Conley v. Int’l Bhd of Elec. Workers, 810…