Local Joint Executive Board of Las Vegas, Bartenders Union Local 165, Culinary Workers' Local Union 226 v. Exber, Inc., Dba El Cortez Hotel

This appeal presents the question whether the statute of limitations in an action brought under § 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (1988), to compel arbitration, accrues only when a union receives actual notice of the employer’s refusal to arbitrate, or whether constructive notice is sufficient. The trial court applied a constructive notice standard and dismissed the action. We reverse and remand.

I.

On February 16, 1989, Exber, Inc., the employer, terminated Gerald Missler, a member of the Union. The Union and the employer are parties to a collective bargaining agreement. Six days later, the Union filed a grievance protesting Missler’s termination. A meeting was held in March of 1989, but the grievance was not resolved.

On August 4, 1989, the Union sent a letter to the employer requesting arbitration and asking the employer to contact the Union’s attorney. The employer did not respond to the letter. Eighteen months later, the Union sent a second letter asking the employer to contact the Union regarding arbitration of the grievance. Again, the employer did not respond.

On April 5, 1991, the Union filed this lawsuit seeking to compel arbitration. The…