General Teamsters Union Local No. 174 v. Trick & Murray, Inc.

828 F.2d 1418, 126 L.R.R.M. (BNA) 2736, 1987 U.S. App. LEXIS 12767
CourtCourt of Appeals for the Ninth Circuit
DecidedSeptember 28, 1987
Docket86-3977
StatusPublished
Cited by17 cases

This text of 828 F.2d 1418 (General Teamsters Union Local No. 174 v. Trick & Murray, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
General Teamsters Union Local No. 174 v. Trick & Murray, Inc., 828 F.2d 1418, 126 L.R.R.M. (BNA) 2736, 1987 U.S. App. LEXIS 12767 (9th Cir. 1987).

Opinions

WALLACE, Circuit Judge:

General Teamsters Union Local No. 174 (the union) appeals from a summary judgment in its action for breach of contract and to compel arbitration. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm in part, reverse in part, and remand.

I

The union is the exclusive bargaining representative for certain employees of Trick and Murray, Inc. (employer). On December 29, 1980, the parties entered into a three-year collective bargaining agreement, which had provisions for automatic renewal. On March 28, 1984, the employer unilaterally withdrew its recognition of the union, contending that the bargaining unit contained only one employee. On the same day, the employer petitioned the National Labor Relations Board (Board) for decertification of the union. The union then filed an unfair labor practice charge with the Board. The Board dismissed the employer’s petition and refused to issue a complaint as requested by the union, invoking a longstanding policy of refusing to assert jurisdiction over representational disputes involving bargaining units with less than two members.

On November 28, 1984, the union requested that the employer submit the dispute to arbitration. The parties’ collective bargaining agreement contained a detailed grievance and arbitration provision. The employer did not respond. On April 5, 1985, the union filed the instant action, seeking an order to compel arbitration pursuant to section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185. A breach of contract claim was added later.

Both sides moved for summary judgment. The district court, citing Teamsters [1420]*1420Union Local 315 v. Great Western Chemical Co., 781 F.2d 764 (9th Cir.1986) (Great Western), ruled that the union had failed to bring the suit to compel arbitration within the applicable six-month limitations period. According to the court, the union’s claim to compel arbitration had accrued when the employer withdrew its recognition of the union. The district court also applied the same six-month statute of limitations to bar the union’s breach of contract action. The union appeals, arguing (1) that our decision in Great Western to apply a six-month statute of limitations to suits to compel arbitration should not be applied retroactively, and (2) that the breach of contract claim should be controlled by Washington’s six-year statute of limitations for actions based upon written contracts.

II

We are faced initially with a jurisdictional question. The employer argues that a federal district court does not have jurisdiction under section 301 over a labor organization representing a single member bargaining unit. The employer relies on language in section 301 which gives the district court jurisdiction over breach of contract actions between “an employer and a labor organization representing employees.” 29 U.S.C. § 185(a) (emphasis added). The employer argues that because the union allegedly represents only a single employee, section 301’s jurisdictional grant is not applicable. We have, however, already implicitly rejected the employer’s crabbed interpretation of section 301. See, e.g., John S. Griffith Construction Co. v. United Brotherhood of Carpenters, 785 F.2d 706, 709 (9th Cir.1986) (Griffith) (asserting jurisdiction over action even though bargaining unit contained no members at the time the action was filed); Operating Engineers Pension Trust v. Beck Engineering & Surveying Co., 746 F.2d 557, 565 (9th Cir.1984) (Operating Engineers) (asserting jurisdiction over section 301 action to recover benefits for a single employee bargaining unit). We now hold that a district court can exercise jurisdiction over an action brought under section 301 even though it involves a contract with a labor organization representing less than two employees.

The employer next argues that this is essentially a representational dispute over which the Board has primary jurisdiction. Even if we were to agree with the employer’s categorization, the Board has twice refused to assert its jurisdiction. We have ruled that when an “injured party ... has no acceptable means to invoke the Board’s jurisdiction,” it is permissible for the district court to exercise jurisdiction, even though a dispute may involve a representation issue. Griffith, 785 F.2d at 711, quoting Laborers Health and Welfare Trust Fund v. Kaufman & Broad, Inc., 707 F.2d 412, 415 (9th Cir.1983). The single employee unit is precisely such a case. Operating Engineers, 746 F.2d at 565. Because of the Board’s consistent refusal to exercise its primary jurisdiction over this case, the district court had jurisdiction pursuant to section 301(c) of the LMRA, 29 U.S.C. § 185(c).

Ill

There is no federal statute of limitations for actions to compel arbitration brought under section 301 of the LMRA. Where Congress has not enacted a limitation for a federal claim, our task is to “borrow” the most suitable limitations period from some other source. DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151, 158, 103 S.Ct. 2281, 2287, 76 L.Ed.2d 476 (1983) (DelCostello). In Great Western, we ruled that certain suits to compel arbitration should be governed by the six-month statute of limitations for actions brought under section 10(b) of the National Labor Relations Act, 29 U.S.C. § 160(b). 781 F.2d at 769. Our conclusion was based on the DelCostello analysis which applied the same six-month statute of limitations to a “hybrid” section 301/breach of the duty of fair representation action brought by an employee against his employer and union. See id. at 768-69, citing DelCostello, 462 U.S. at 172, 103 S.Ct. at 2295.

Great Western was decided nine months after the union filed the instant [1421]*1421action. Prior to Great Western, we had borrowed the state statute of limitations for the state law claim that was most analogous to a federal action to compel arbitration. The union alleges that, if we did not apply Great Western retroactively, its action to compel arbitration would be timely under the most closely analogous state statute of limitations. The union does not contest the district court’s finding that its claim was untimely under Great Western. Thus, the issue before us is whether Great Western should be applied retroactively to bar the union’s claim to compel arbitration. Whether a decision should be applied retroactively is an issue of law we review de novo. Cf. United States v. McConney,

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Bluebook (online)
828 F.2d 1418, 126 L.R.R.M. (BNA) 2736, 1987 U.S. App. LEXIS 12767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/general-teamsters-union-local-no-174-v-trick-murray-inc-ca9-1987.